west virginia department of environmental protection

Appendix Q

Public Participation

Documentation

Promoting a healthy environment.

WV PM2.5 SIP - Parkersburg Appendix Q - 1
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WV PM2.5 SIP - Parkersburg Appendix Q - 2
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

WV PM2.5 SIP - Parkersburg Appendix Q - 3
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WV PM2.5 SIP - Parkersburg Appendix Q - 4
Public Notice

WV PM2.5 SIP - Parkersburg Appendix Q - 5
[This page intentionally left blank.]

WV PM2.5 SIP - Parkersburg Appendix Q - 6
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 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 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. 

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 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 

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. 

WV PM2.5 SIP - Parkersburg Appendix Q - 7
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WV PM2.5 SIP - Parkersburg Appendix Q - 8
Transmittal Letters

WV PM2.5 SIP - Parkersburg Appendix Q - 9
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WV PM2.5 SIP - Parkersburg Appendix Q - 10
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." 

8 

9 

The West Virg nia Department of Environmental Protection, Division of Air Quality is 

herein submitting-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, 

WV PM2.5 SIP - Parkersburg Appendix Q - 11
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, 

WV PM2.5 SIP - Parkersburg Appendix Q - 12
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, 

WV PM2.5 SIP - Parkersburg Appendix Q - 13
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. 

WV PM2.5 SIP - Parkersburg Appendix Q - 14
Legal Ads

WV PM2.5 SIP - Parkersburg Appendix Q - 15
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WV PM2.5 SIP - Parkersburg Appendix Q - 16
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 25305-0770 

WV PM2.5 SIP - Parkersburg Appendix Q - 17
INDEX 

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. 

WV PM2.5 SIP - Parkersburg Appendix Q - 18
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 PM2.5 National 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 ],3 Slate 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 

WV PM2.5 SIP - Parkersburg Appendix Q - 19
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WV PM2.5 SIP - Parkersburg Appendix Q - 20
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, extension 1235 if you have any questions. Could 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

file://C:\Documents and Settings\L_Crowd\Local Settings\Temp\GW}00001.HTM 6/12/2008

WV PM2.5 SIP - Parkersburg Appendix Q - 21
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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 the 

Parkersburg-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 

Classifieds - Search results Page 1 of 4

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WV PM2.5 SIP - Parkersburg Appendix Q - 22
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 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 be 

reviewed 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.

(344795)

Class: 983 Gazette Legal Ads Last appeared: 06-13-2008

2.

NOTICE OF PUBLIC 

COMMENT AND 

HEARING 

Classifieds - Search results Page 2 of 4

file://C:\Documents and Settings\F_Durha\My Documents\Classifieds - Search results.htm 6/13/2008

WV PM2.5 SIP - Parkersburg Appendix Q - 23
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 the 

Parkersburg-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. on 

July 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 

Classifieds - Search results Page 3 of 4

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WV PM2.5 SIP - Parkersburg Appendix Q - 24
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 be 

reviewed 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.

(344795)

Class: 983 DailyMail Legal Ads Last appeared: 06-13-2008

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WV PM2.5 SIP - Parkersburg Appendix Q - 25
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WV PM2.5 SIP - Parkersburg Appendix Q - 26
Laura Crowder - Legal Advertisement 

 

Please publish the attached as a Class 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, extension 1235 if you have any questions. Could you please respond back to me 

via e-mail to let me know you received this information? 

 

Thanks! 

 

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

file://C:\Documents and Settings\L_Crowd\Local Settings\Temp\GW}00001.HTM 6/12/2008

WV PM2.5 SIP - Parkersburg Appendix Q - 27
Home Search Participants Contact

Home | Search | Manage Ads | Participants | Contact 

West Virginia Press Association 

Ad Detail 

Back

Back 

NOTICE 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 

Ad Detail - WV Legal Ads - WV Press Association Page 1 of 1

http://www.wvlegals.com/ad_detail.php?id=7022 8/26/2008

WV PM2.5 SIP - Parkersburg Appendix Q - 28
Public Hearing Sign-In Sheet

WV PM2.5 SIP - Parkersburg Appendix Q - 29
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WV PM2.5 SIP - Parkersburg Appendix Q - 30
WV PM2.5 SIP - Parkersburg Appendix Q - 31
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WV PM2.5 SIP - Parkersburg Appendix Q - 32
Public Hearing Transcript

WV PM2.5 SIP - Parkersburg Appendix Q - 33
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WV PM2.5 SIP - Parkersburg Appendix Q - 34
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 15th day 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) 988-1419 

WV PM2.5 SIP - Parkersburg Appendix Q - 35
INDEX 

Reporter's Certificate. Page 5 

WV PM2.5 SIP - Parkersburg Appendix Q - 36
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 

WV PM2.5 SIP - Parkersburg Appendix Q - 37
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.) 

WV PM2.5 SIP - Parkersburg Appendix Q - 38
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 

WV PM2.5 SIP - Parkersburg Appendix Q - 39
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WV PM2.5 SIP - Parkersburg Appendix Q - 40
Public Comments

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WV PM2.5 SIP - Parkersburg Appendix Q - 42
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 WV Proposed 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

<Powers.Marilyn@epamail.epa.gov> - copy of our comments Page 1 of 1

about:blank 8/26/2008

WV PM2.5 SIP - Parkersburg Appendix Q - 43
EPA Comments on West Virginia Proposed 

PM2.5 State Implementation Plan for the Parkersburg Nonattainment Area 

1. 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 sentence: “A violation of the daily 2006 

NAAQS for PM2.5 occurs when the annual 98th percentile concentration, averaged over 

three years, is greater than 35 μg/m3.” is not pertinent to the attainment plan. 

2. 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 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 CAA requires nonattainment 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 certified to EPA Region III that 

specific elements 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.” 

3. On July 11, 2008, the District of Columbia Circuit 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 that WVDEQ review the implications of the 

court’s decision on any reliance, or reference to CAIR included in West Virginia’s 

proposed plan. 

WV PM2.5 SIP - Parkersburg Appendix Q - 44
Response to Comments

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WV PM2.5 SIP - Parkersburg Appendix Q - 46
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

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 (PM2.5) State Implementation Plan (SIP) for

the Parkersburg Nonattainment Area, Comprising 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, however 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 sentence: “A violation of the daily 2006 NAAQS

for PM2.5 occurs when the annual 98th percentile concentration, averaged over three years,

is greater than 35 μg/m3

.” 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 PM2.5 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 meeting 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 attainment 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 specific

WV PM2.5 SIP - Parkersburg Appendix Q - 47
elements 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 Circuit 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 CAIR included 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 been 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.

WV PM2.5 SIP - Parkersburg Appendix Q - 48