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: June 6, 2012

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

Completeness Review 

Completed by: Asrah Khadr 

Date Completed: July 18, 2012

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 June 6, 2012 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 May 1, 2012, in accordance with the 

West Virginia Legislature and 40 CFR Part 51. Effective date 

of the revision is June 1, 2012.

X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan.

3. West Virginia has legal authority to adopt and implement 

the plan under section 22-5-4 of the West Virginia 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. Notice of Final Filing and Adoption of a Legislative Rule 

Authorized by the West Virginia Legislature shows Title 45 

Series 8, 45CSR8, Ambient Air Quality Standards was filed on 

May 1, 2012, and became effective on June 1, 2012 via the 

authorization of Randy C. Huffman, Cabinet Secretary. West 

Virginia provided a copy of the Legislative Rule which 

indicates the changes made. 

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 6, 2012 from Randy C. Huffman, 

Cabinet Secretary, West Virginia DEP to Shawn M. Garvin, 

Region III Administrator indicates that all state and federal 

administrative procedural requirements had been met. 

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. A copy of the public hearing notice run in the Charleston 

Newspapers on June 10, 2011. A Copy of the public hearing 

notice run in the West Virginia Register on June 10, 2011. 

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. A letter dated June 6, 2012 from Randy C. Huffman, 

Cabinet Secretary, West Virginia DEP to Shawn M. Garvin, 

Region III Administrator indicates that all state and federal 

administrative procedural requirements had been met. 

X

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

thereto.

8. Public Hearing’s Reporter’s Certification shows an oral 

comment was received; but no written comments were 

received. The comment was addressed by West Virginia DEP. 

X
Technical Materials

EPA REQUIREMENT STATE SUBMITTAL (X)

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

nitrogen dioxide, and lead. 

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. 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.

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. 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