west virginia department of environmental protection



# Appendix Q Public Participation Documentation

Promoting a healthy environment.[This page intentionally left blank.]

### Table of Contents Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 5
Transmittal Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 9 Legal Ads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 15 Public Hearing Sign-In Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 29 Public Hearing Transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 33 Public Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 41 Response to Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Appendix Q - 45[This page intentionally left blank.]

# Public Notice[This page intentionally left blank.]NOTICE OF PUBLIC COMMENT AND HEARING

The West Virginia Department of Environmental Protection (DEP ) is offering an opportunity for public comment, and will hold a public hearing, on a proposed revision to the State Implementation Plan (SIP) to attain and maintainthe national ambient air quality standards for very fine particulate matter (PM 2.5 ). In this proposed revision to the SIP, DEP demonstrates that the West Virginia portion of the Parkersburg-Marietta (WV-OH) PM 2.5 nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, will meet the PM 2.5 standard by the mandatory date of April 2010. Further, DEP shows that th e expected air quality improvement will be achieved through federally enforceable emission reduction measures. The area was designated as nonattainment with the 1997 PM 2.5 National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70FR944], effective April 5, 2005. Once finalized, the West Virginia Fine Particle (PM 2.5) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant Tax District of Pleasants Countywill be submitted to U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on July 15, 2008 at the Wood-Washington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101. Written commentswill also be accepted for inclusion in the formal record by mail, facsimile (304-926-0479), e-mail (tmowrer@wvdep.org ) or other delivery to the division of Air Quality if received by the close of business on July 15, 2008. Send written comments to John A. Benedict, Director, Division of Air Quality at the address below. Please identify the document to which the comments apply, the commenter’s name, address and telephone number. Copies of the proposed SIP revision may be vi ewed between 8:30 a.m. and 4:30 p.m. at the Division of Air Quality, 601 57 thStreet SE, Charleston, WV 25304. Copies may alternatively be reviewed at the Wood-Washington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101, phone (304) 422-4993. The proposed SIP revision may also be accessed via the following web address: http://www.wvdep.org/item.cfm?ssid=8&sslid=376

.[This page intentionally left blank.]

# Transmittal Letters[This page intentionally left blank.]Division of Air Quality 601 57' " Street SE Charleston, WV 25304 Phone: 304.926.0475 4 Fax: 304.926.0479 Joe Manchin 111, Governor Randy C. Huffman, Cabinet Secretary www.wvdep.org


### June 12,2008
Judith 

### M. Katz, Director Air Protection Division U.S. EPA Region 

### I11 1650 Arch Street (3AP00) Philadelphia, PA 

### 19 103

- 2029

Re: Proposed Revision to the West Virginia SIP to Demonstrate Attainment of the Annual PM,,, NAAQS for the West Virginia Portion of the Parkersburg

- Marietta (WV

- OH) Nonattainment Area



## ear MS." 

# 9

8 

### The West Virg nia Department of Environmental Protection, Division of Air Quality is herein submittin g



### - for your review and comment the enclosed 

### West Virginia Fine ~artiile (PM,,) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant 

### Tax District of Pleasants County (proposed). We are providing a hard copy of the primary narrative but the supporting documentation is being supplied on a digital compact disk because of the extremely large volume of a comparable print out.
As you know, the Parkersburg

- Marietta, WV

- OH PM2,, nonattainment area is a multi

- state nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, West Virginia, and Washington County, Ohio. The area was designated as nonattainment with the 1997 PM2,, National Ambient Air Quality Standard (NAAQS) in the January 5,2005 Federal Register [70 FR 9441, effective April 5, 2005. Upon finalization, the State of West Virginia plans to request that the EPA approve the Parkersburg attainment demonstration, with a projected attainment date of April 2010, as a revision to the state implementation plan (SIP).


### Written and oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on July 15, 2008 at the Wood

- Washington

- Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, 

### WV 26101. Written comments will also be accepted for inclusion in the formal record by mail, facsimile (304

- 926

- 0479), e

- mail (tmowrer@wvdep.org) or other delivery to the Division of Air Quality if received by the close of business on July 15,2008.



### Promoting 

### a healthy 

### environment,

### Letter to Judith 

### M. Katz June 12,2008 Page 2

Send written comments to be included in the formal record to John A. Benedict, Director, Division of Air Quality via any of the mechanisms noted above. Mail should be sent to the address shown in the letterhead. Please identify the document to which the comments apply, the commenter's name, address, and telephone number If you or your staff have any questions, have any difficulty reading the CD or would like additional information, please feel free to contact Fred Durham, Assistant Director of Planning at the address shown in the letterhead or at (304) 926

- 0499, ext. 1242. Sincerely,

A. 

### Benedict, Director '~ivision of Air Quality
Enclosure

cc: Marilyn Powers



### Promoting a healthy environment,Division of Air Quality 601 57 " Street SE Charleston, WV 25304 Phone: 304.926.0475 

### + Fax: 304.926.0479 Joe Manchin 111, Governor Randy C. Huffman, Cabinet Secretary www.wvdep.org


### June 12,2008
Mr. Bob Hodanbosi, Director Ohio EPA Division of Air Pollution Control 122 S. Front Street Columbus, OH 432 15

Re: Proposed Revision to the West Virginia SIP to Demonstrate Attainment of the Annual PM,., NAAQS for the West Virginia Portion of the Parkersburg

- Marietta (WV

- OH) Nonattainment Area

Dear Mr.pdanbosi: 

# dd6

The West Virginia Department of Environmental Protection, Division of Air Quality is herein submitting for your review and comment the enclosed 

### West Virginia Fine Particle (PM,.,) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant Tax 

### District of Pleasants County (proposed). We are providing a hard copy of the primary narrative but the supporting documentation is being supplied on a digital compact disk because of the extremely large volume of a comparable print out.
As you know, the Parkersburg

- Marietta, WV

- OH PM,,, nonattainment area is a multi

- state nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, West Virginia, and Washington County, Ohio. The area was designated as nonattainment with the 1997 PM,,, National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70 FR 9441, effective April 5,2005. Upon finalization, the State of West Virginia plans to request that the United States Environmental Protection Agency (EPA) approve the Parkersburg attainment demonstration, with a projected attainment date of April 2010, as a revision to the state implementation plan (SIP).


### Written and 

### oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on July 15,2008 at the Wood

- Washington

- Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, 

### WV 26101. Written comments will also be accepted for inclusion in the formal record by mail, facsimile (304

- 926

- 0479), e

- mail (tmowrer@,wvdew.org) or other delivery to the Division of Air Quality if received by the close of business on July 15,2008.



### Promoting 

### a healthy 

### environment,

### Letter to Bob Hodanbosi June 12,2008 Page 2



### Send written comments to be included in the formal record to John A. Benedict, Director, Division of Air Quality via any of the mechanisms noted above. Mail should be sent to the address shown in the letterhead. Please identi@ the document to which the comments apply, the commenter's name, address, and telephone number
If 

### you or your staff have any questions, have any difficulty reading the 

### CD or would like additional information, please feel free to contact Fred Durham, Assistant Director of Planning at the address shown in the letterhead or at (304) 926

- 0499, ext. 1242.

r 

### Division of Air Quality
Enclosure



### Promoting 

### a healthy environment.

# Legal Ads[This page intentionally left blank.]Volume XXV
Issue 24
June 13,2008 Pages 1012 - 1053

A Weekly Publication

Administrative Law Division Judy Cooper, Manager 

# WEST VIRGINIA 

# REGISTER

I 

## Published 

## by the Office of 

## the Secretary of State

CONTENTS I. Chronological Index
II. Open Government Meetings Listing
Ill. Price List
IV. Rule Monitor
V. Notices

a. Legislative Rules b. Interpretive Rules

c. Procedural Rules
d. Emergency ~ules

e. Legislative Rule-Making Review Committee
VI. Legislative Interims
VII. Orders
VI I I. Ethics Commission Opinions

IX. Office of Tax Appeal Decisions
X. Other Documents or Information Filed
XI. Publication Deadlines and Publication Dates Betty Ireland Secretary of State Administrative Law Division Bldg. I, Suite 157K 1900 Kanawha Blvd. E. Charleston. VW 25305-0770INDEX AGENCY Administration Agriculture Banking Bluefield State College Bd. Of Governors Board of Risk Calhoun County Solid Waste Authority Charleston Area Alliance Courthouse Facilities Improvement Authority Dental Examiners DEP DNR Law Enforcement Eastern WV Community & Technical College Economic Development Authority Education Employee Suggestion Award Board Environmental Protection Ethics Commission Fairmont State University Forestry, WV Division of Funeral Service Examiners Glenville State College Health and Human Resources Health Care Authority Higher Education Policy Commission Highways Information Technology Council Insurance Commission Kanawha County Solid Waste Authority Labor Legislative Interim Lincoln Economic Development Authority Medical Imaging & Radiation Therapy Technology Board Medicine Miners Health, Safety & Training Motor Vehicles, WV Div. of National & Community Service, WV Comm. for Natural Resources NCREMS, Inc. Osteopathy, Board of Personnel Physical Therapy, Board of Port Authority, Dept. of Transportation Public Defender Corporation - 23rd Judicial Public Defender Corporation for the 13'~ ~udicial Circuit Putnam County Development Authority Real Estate Commission Respiratory Care School Building Authority of WV Solid Waste Management Board Statewide Addressing and Mapping Board Tax Appeal Decisions Water Development Authority West Liberty State College West Virginia State University, Bd. Of Governors West Virginia University Hospital, Inc.NOTICE OF PUBLIC COMMENT AND HEARMG 

# *u,;,p, j,;; ??,; Y. I:<'

The West Virginia Department of Environmental Protection (DEP) is offering an oppoqunity for.

. . public comment, and will hold a public hearing, on a proposed revision to the State ' Implementation Plan (SIP) to attain and maintain the national ambient air quality standards for very fine particulate matter (fM2.j). In this proposed revision to the SIP, DEP demonstrates that the West Virginia portion of the Parkersburg-Marietta (WV-OH) PM2.j nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, will meet the PM2.j standard by the mandatory date of April 2010. Further, DEP shows that the expected air quality improvement will be achieved through federally enforceable emission reduction measures. The
area was designated as nonattainment with the 1997 PM2.5National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70FR944], effective April 5,2005. Once finalized, !he West Yirginia Fine Particle (PM ],3Slate bnplemenfation Planfor the Pnrkersbtfrg Nonattninment Area, Comprising Wood Co~~rrty nnd the Grant Tax Disfrici of Pleasonfs Corrnry will be submitted to U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until: the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on July 15,2008 at the Wood-Washington-Wirt Interstate Planning Commission. 531 Market Street, Parkersburg, WV 26101. Written comments will also be accepted for inclusion in the fom~al 1-ecord by mail, facsimile (304-926-0479), e-mail (tinow~~er~wvdep.orrj) or other delivery to the division of Air Quality if received by the close of business on July 15,2008. Send written comments to John A. Benedict, Director, Division of Air Quality at the address below. Please identify the document to which the comments apply, the commenter's name, address and telephone number Copies of the proposed SIP revision may be viewed between 8:30 a.m. and 4:30 p.m. at the Division of Air Quality, 601 57Ih Street SE, Charleston, WV 25304. Copies may alternatively be reviewed at the Wood-Washington-Wirt Interstate Planning Commission, 53 1 Market Street, Parkersburg, WV 26101, phone (304) 422-4993. The proposed SIP revision may also be accessed via the followi~lg web address: htt~://~~\w.~wdep.ore/iten1.ch?ssid=8&sslid=376. OTHER[This page intentionally left blank.]Laura Crowder - Legal Advertisement

Please publish the attached as a Class I legal advertisement one time only in the Friday, June 13, 2008 Charleston Gazette and Daily Mail newspapers. Send the invoice for payment and affidavit of publication to: Dee Smith WV DEP Division of Air Quality - 12 601 57th Street Charleston, WV 25304 I can be reached at 926-0499, extensio n 1235 if you have any questions. Co uld you please respond back to me via e-mail to let me know you received this information?
Dee Smith Division of Air Quality 601 57th Street, SE Charleston, WV 25304 926-0499 Extension 1235 From: Dee Smith To: legals@cnpapers.com Date: 6/10/2008 2:04 PM Subject: Legal Advertisement CC: Fred Durham; Laura Crowder Page 1 of 1

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1. NOTICE OF PUBLIC COMMENT AND HEARING The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment, and will hold a public hearing, on a proposed revision to the State Implementation Plan (SIP) to attain and maintain the national ambient air quality standards for very fine particulate matter (PM2.5). In this proposed revision to the SIP, DEP demonstrates that the West Virginia portion of theParkersburg-Marietta (WVOH) PM2.5 nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, will meet the PM2.5 standard by the mandatory date of April 2010. Further, DEP shows that the expected air quality improvement will be achieved through federally enforceable emission reduction measures. The area was designated as nonattainment with the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70FR944], effective April 5, 2005. Once finalized, the West Virginia Fine Particle (PM 2.5) State Implementation Plan for the Parkersburg Page 1 of 4 Classifieds - Search results

6/13/2008 file://C:\Documents and Settin g s\F

_Durha\MyDocuments\Classifieds - Search results.htmNonattainment Area, Comprising Wood County and the Grant Tax District of Pleasants County will be submitted to U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. onJuly 15, 2008 at the WoodWashington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101. Written comments will also be accepted for inclusion in the formal record by mail,facsimile (304-926-0479), email ( tmowrer@wvdep.org ) or other delivery to the division of Air Quality if received by the close of business on July 15, 2008. Send written comments to John A. Benedict, Director, Division of Air Quality at the address below. Please identify the document to which the comments apply, the commenter's name, address and telephone number. Copies of the proposed SIP revision may be viewed between 8:30 a.m. and 4:30 p.m. at the Division of Air Quality, 601 57th Street SE, Charleston, WV 25304. Copies may alternatively bereviewed at the WoodWashington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101, phone (304) 422- 4993. The proposed SIP revision may also be accessed via the following web address: http://www.wvdep. org/item.cfm?ssid=8& sslid=376

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_Durha\MyDocuments\Classifieds - Search results.htmThe West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment, and will hold a public hearing, on a proposed revision to the State Implementation Plan (SIP) to attain and maintain the national ambient air quality standards for very fine particulate matter (PM2.5). In this proposed revision to the SIP, DEP demonstrates that the West Virginia portion of theParkersburg-Marietta (WVOH) PM2.5 nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, will meet the PM2.5 standard by the mandatory date of April 2010. Further, DEP shows that the expected air quality improvement will be achieved through federally enforceable emission reduction measures. The area was designated as nonattainment with the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70FR944], effective April 5, 2005. Once finalized, the West Virginia Fine Particle (PM 2.5) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant Tax District of Pleasants County will be submitted to U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. onJuly 15, 2008 at the WoodWashington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101. Written comments will also be accepted for inclusion in the formal record by mail,facsimile (304-926-0479), email ( tmowrer@wvdep.org ) or other delivery to the division of Air Quality if received by the close of Page 3 of 4 Classifieds - Search results

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_Durha\MyDocuments\Classifieds - Search results.htmbusiness on July 15, 2008. Send written comments to John A. Benedict, Director, Division of Air Quality at the address below. Please identify the document to which the comments apply, the commenter's name, address and telephone number. Copies of the proposed SIP revision may be viewed between 8:30 a.m. and 4:30 p.m. at the Division of Air Quality, 601 57th Street SE, Charleston, WV 25304. Copies may alternatively bereviewed at the WoodWashington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101, phone (304) 422- 4993. The proposed SIP revision may also be accessed via the following web address: http://www.wvdep. org/item.cfm?ssid=8& sslid=376

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_Durha\MyDocuments\Classifieds - Search results.htm[This page intentionally left blank.]Laura Crowder - Legal Advertisement

Please publish the attached as a Clas s I legal advertisement one time only in the Friday morning, June 13, 2008 Parkersburg News

. Send the invoice for payment and affidavit of publication to: Dee Smith WV DEP Division of Air Quality - 12 601 57th Street Charleston, WV 25304 I can be reached at 926-0499, extensio n 1235 if you have any questions. Co uld you please respond back to me via e-mail to let me know you received this information?
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Dee Smith Division of Air Quality 601 57th Street, SE Charleston, WV 25304 926-0499 Extension 1235 From: Dee Smith To: legalads@newsandsential.com Date: 6/10/2008 2:01 PM Subject: Legal Advertisement CC: Fred Durham; Laura Crowder Page 1 of 1

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West Virginia Press Association 

## Ad Detail

Back

Back **N OTICE OF PUBLIC COMMENT AND HEARING** NOTICE OF PUBLICCOMMENT AND HEARINGThe West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment, and will hold a public hearing, on a proposed revision to the State Implementation Plan (SIP) to attain and maintain the national ambient air quality standards for very fine particulate matter (PM2.5). In this proposed revision to the SIP, DEP demonstrates that the West Virginia portion of the Parkersburg-Marietta (WV-OH) PM2.5 nonattainment area, comprising Wood County and the Grant tax district in Pleasants County, will meet the PM2.5 standard by the mandatory date of April 2010. Further, DEP shows that the expected air quality improvement will be achieved through federally enforceable emission reduction measures. The area was designated an nonattainment with the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) in the January 5, 2005 Federal Register [70FR944], effective April 5, 2005.Once finalized, the West Virginia Fine Particle (PM2.5) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant Tax District of Pleasants County will be submitted to U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until the close of the public hearing and will be made part of the formal record. The public hearing shall be held beginning at 6:00 p.m. on July 15, 2008 at the Wood-Washington- Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101. Written comments will also be accepted for inclusion in the formal record by mail, facsimile (304- 926-0479), e-mail (tmowrer@wvdep.org) or other delivery to the division of Air Quality if received by the close of business on July 15, 2008. Send written comments to John A. Benedict, Director, Division of Air Quality at the address below. Please identify the document to which the comments apply, the commenterás name, address and telephone number.Copies of the proposed SIP revision may be viewed between 8:30 a.m. and 4:30 p.m. at the Division of Air Quality, 601 57th Street SE, Charleston, WV 25304. Copies may alternatively be reviewed at the Wood-Washington-Wirt Interstate Planning Commission, 531 Market Street, Parkersburg, WV 26101, phone (304) 422-4993. The proposed SIP revision may also be accessed via the following web address:http://www.wvdep.org/item.cfm ?ssid=8&sslid=376.Jun 13 N
Source: Parkersburg News. Date: 13-Jun-08 Page 1 of 1 Ad Detail - WV Legal Ads - WV Press Association

8/26/2008 http ://www.wvle g als.com/ad

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# Public Hearing Sign-In Sheet[This page intentionally left blank.][This page intentionally left blank.]

# Public Hearing Transcript[This page intentionally left blank.]

### BEFORE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF AIR QUALITY

IN THE MATTER OF:

PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN (SIP) PM2.5 STANDARD, NON-ATTAINMENT AREA COMPRISING WOOD COUNTY AND TAX DISTRICT OF PLEASANTS COUNTY

TRANSCRIPT OF PROCEEDINGS 

### had or testimony of adduced pursuant to the West Virginia Rules of Civil
Procedure in the above-entitled action, on the 15thday of July, 2008, commencing at 6:10 p.m. and concluding at 6:15

p.m., at 531 Market Street, Parkersburg, Wood County, West Virginia, pursuant to notice to all interested parties.

BEFORE : 

### FRED DURHAM, Deputy Director Division of Air Quality



# ORIGIN4 C

NANCY MCNEALY CERTIFIED COURT REPORTER Post Office Box 134 15 Charleston, West V~rgln~a 25360-041 5 (304) 988-2873 FAX (305) 988-1419INDEX



### Reporter's Certificate. Page 5

### Proceedings 3

MR. DURHAM: This public hearing will now come
to order on this 15th day of July, 2008. My name is Fred
Durham and I'm the Deputy Director for the West Virginia Department of Environmental Protection, Division of Air Quality. These proceedings are being held at the Wood, Washington, Wirt Interstate Planning Commission Office
located at 531 Market Street, Parkersburg, West Virginia
25101. We appreciate the assistance of Triple W, as they're called, in facilitating the public participation
for this event. The subject of these proceedings is a proposed revision to the State Implementation Plan, sometimes referred to as a SIP, which demonstrates that the West Virginia portion of the Parkersburg/Marietta, West Virginia/Ohio PM2.5 Non-attainment Area comprising Wood County and the Grant tax district in Pleasants County will
make the PMZ.5 Standard by the mandatory date of April
2010. Further the SIP shows that the expected air quality improvement will be achieved through federally enforceable omission reduction measures. The area was originally designated as non-attainment with the 1997 PM2.5 National Ambient Air Quality Standard in the January 5th, 2005, Federal Register. Once finalized, the West Virginia Fine

### Proceedings

Particle State Implementation Plan for the Parkersburg Nonattainment Area comprising Wood County and the tax district
of Pleasants County will be submitted to the U.S. EPA for approval and incorporation as a revision to the SIP. Written and oral comments will be accepted until the close of this hearing and will be made part of
the formal record. Does anyone wish to make comments at this time. (No response. )


### MR. DURHAM: Hearing none and there being nothing further, the proceedings are now closed. Thank

you. (WHEREUPON, the public hearing was concluded.)REPORTER'S CERTIFICATE

STATE OF WEST VIRGINIA,
COUNTY OF KANAWHA, to wit:

I, NANCY MCNEALY, Certified Verbatim Court Reporter and Commissioner of West Virginia, do hereby certify that the foregoing is, to the best of my skill and ability, a true and accurate transcript of all the proceedings as set forth in the caption hereof. Given under my hand this 16th day of July, 2008. My commission expires November 26, 2010.

Commissioner of West Virginia[This page intentionally left blank.]

# Public Comments[This page intentionally left blank.]From: <Powers.Marilyn@epamail.epa.gov> To: Crowder, Laura Date: 7/15/2008 4:53:36 PM Subject: copy of our comments
(See attached file: EPA Comments on WVProposed PM2.5 SIP 7-15-08.doc) Hi Laura,
Here are the few comments we submitted. Marilyn Attachments: EPA Comments on WV Proposed PM2.5 SIP 7-15-08.doc Page 1 of 1 <Powers.Marilyn@epamail.epa.gov> - copy of our comments

8/26/2008 about:blankEPA Comments on West Virginia Proposed PM2.5 State Implementation Plan for the Parkersburg Nonattainment Area 1. Page 6, Section 1.4 - It is suggestedthat the discussion of the 2006 PM2.5 NAAQS be removed from this section. For example, the sentence: “A violation of the daily 2006 NAAQS for PM2.5 occurs when the annual 98 thpercentile concentration, averaged over three years, is greater than 35 μg/m3.” isnot pertinent to the attainment plan. 2. Page 105, Section 8.7 – It is EPA’s unders tanding that the State will be submitting a letter that certifies that the State is currently meeting the Section 110(a)(2)(G) requirement for a contingency plan. To be consistent with the letter, EPA suggests that WVDEQ consider removing paragraphs 2 and 3 of Section 8.7, and revising paragraph 1 to read as follows: “Section 172(c)(7) of the C AA requires nonattainment SIPs to meet the applicable provisions of Section 110(a)(2). On Oc tober 2, 2007, the EPA provided guidance on SIP elements required under Secti on 110(a)(1) and (2) for the PM 2.5 NAAQS. By letters dated April 3, 2008 and [date of additional letter], WVDEQ certified to EPA Region III that specific elements under Section 110(a)(2) havepreviously been satisfied by certain portions of the West Virginia SIP. On May 22, 2008, WVDAQ submitted a general infrastructure PM2.5 SIP, which covered the remaining elements not previously certified to be in the SIP.” 3. On July 11, 2008, the District of Columbia Circuit Court of App eals vacated the Clean Air Interstate Rule (CAIR) in a ruling respondi ng to various petitions challenging certain aspects of CAIR, and remanded the rule back toEPA. EPA is currently in the process of reviewing the ruling. We recommend that WVDEQ review the implications of the court’s decision on any reliance, or reference to CAIR in cluded in West Virginia’s proposed plan.

# Response to Comments[This page intentionally left blank.]

### West Virginia Fine Particle (PM 2.5 

### ) State Implementation Plan for the Parkersburg Nonattainment Area, Comprising Wood County and the Grant Tax District of Pleasants County

RESPONSE TO COMMENTS On June 13, 2008, the Department of Environmental Protection, Division of Air Quality (WVDAQ) commenced the public comment period and subsequently held a public hearing on July 15, 2008 to accept oral comments on the proposed Fine Particle (PM 2.5 ) State Implementation Plan (SIP) for the Parkersburg Nonattainment Area, Comprisi ng Wood County and the Grant Tax District of Pleasants County. Written comments were also accepted through 6:00 PM on Tuesday, July 15, 2008. Two (2) people attended the public hearing, how ever no verbal comments were received. The United States Environmental Protection Agency(EPA) submitted written comments on the proposed SIP. WVDAQ addresses these comments below.

I. United Stated Environmental Protection Agency (EPA)
COMMENT A: Page 6, Section 1.4 – It is suggested that the discussion of the 2006 PM2.5 NAAQS be removed from this section. For example, the se ntence: “A violation of the daily 2006 NAAQS for PM2.5 occurs when the annual 98 thpercentile concentration, averaged over three years, is greater than 35 μg/m 3 .” is not pertinent to the attainment plan.
RESPONSE A: WVDAQ concurs that the discussion could be confusing to the general public, and has removed the discussion of the 2006 PM 2.5 NAAQS from section 1.4.

COMMENT B: Page 105, Section 8.7 – It is EPA’s understanding that the State will be submitting a letter that certifies that the State is currently mee ting the Section 110(a)(2)(G) requirement for a contingency plan. To be consistent with the letter, EPA suggests that WVDEQ [sic] consider removing paragraphs 2 and 3 of Section 8.7, and revising paragraph 1 to read as follows: “Section 172(c)(7) of the CAA requires attainme nt SIPs to meet the applicable provisions of Section 110(a)(2). On October 2, 2007, the EPA provided guidance on SIP elements required under Section 110(a)(1) and (2) for the PM2.5 NAAQS. By letters dated April 3, 2008 and [date of additional letter], WVDEQ [sic] certified to EPA Region III that specificelements under Section 110(a)(2) have previously been satisfied by certain portions of the West Virginia SIP. On May 22, 2008, WVDAQ submitted a general infrastructure PM2.5 SIP, which covered the remaining elements not previously certified to be in the SIP.”
RESPONSE B: WVDAQ concurs, and has made the suggested changes to Section 8.7.
COMMENT C: On July 11, 2008, the District of Columbia Circ uit Court of Appeals vacated the Clean Air Interstate Rule (CAIR) in a ruling responding to various petitions challenging certain aspects of CAIR, and remanded the rule back to EPA. EPA is currently in the process of reviewing the ruling. We recommend the WVDEQ [sic] review the implications of the court’s decision on any reliance, or reference to CAIRincluded in West Virginia’s proposed plan.

RESPONSE C: The DEP acknowledges the potential adverse effects of the vacatur of CAIR. However, because of the extension of the time to file petitions for rehearing or rehearing en banc , a mandate to vacate the Clean Air Interstate Rule(CAIR) has not yet be en ordered by the U.S. District Court of Appeals. Therefore the vacatur is not in effect at this time. There remains considerable uncertainty regarding the CAIR vacatur and its substantial ramifications. This issue has attracted national attention and could result in potential congressional action. Notwithstanding the outcome of CAIR, the projected EGU controls have already been installed in the West Virginia portion of the nonattainment area. DEP believes that RACT requirements dictate the use of the installed controls.