SIP
SUBMITTAL
COMPLETENESS
CRITERIA
CHECKLIST
(
in
accordance
with
40
CFR
Part
51
­
App.
V)

SIP
Submitted
by:
Stephanie
R.
Timmermeyer,
Cabinet
Secretary
Date
Submitted:
December
1,
2005
Subject:
Revision
to
the
West
Virginia
State
Implementation
Plant
Pursuant
to
40
CFR
Section
51.165
Nonattainment
New
Source
Review
(
31
Dec
2002,
67
FR
80186)

Completeness
Review
Completed
by:
Rosemarie
Nino
Date
Completed:
December
8,
2005
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
from
Stephanie
R.
Timmermeyer,
Cabinet
Secretary,

WVDEP
to
Donald
S.
Welsh
dated
December
1,
2005
(
cover
letter).
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.
Notice
of
Final
Filing
and
Adoptin
of
a
Legislative
Rule
Authorized
by
the
WV
Legislature
signed
by
the
Secretary
on
May
20,
2005.
Copy
of
the
Final
Legislative
Rule
45
CSR
19
dated
June
1,
2005
(
page
3
and
page
5
thru
page
49)..
X
3.
Evidence
that
the
State
has
the
necessary
legal
authority
under
State
law
to
adopt
and
implement
the
plan.
3.
Notice
of
Agency
Approval
of
a
Proposed
Rule
and
Filing
with
the
Legislative
Rule
Making
Review
Committee
page
64
thru
116)
(
no
date)

WV
Authority
WV
Code
Section
22­
5­
4
dated
August
25,
2004
(
page
56)/
X
Administrative
Materials
EPA
REQUIREMENT
STATE
SUBMITTAL
(
X)

2
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.
Copy
of
Regulation
45
CSR
19
amending
the
existing
rule
(
page
64
thru
116)
(
no
date)

WV
Authority
WV
Code
Section
22­
5­
4,
Notice
of
Action
Taken
by
the
Legislative
Rule
Making
Review
Committee
dated
February
7,
2005
(
Page54
thru
57)
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.
Letter
dated
July
2,
2005,
(
unsigned)
request
for
a
public
hearing
and
public
comment
period
for
45
CSR
14
and
19
dated
August
2,
2004.
(
page
212).
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.
Copy
fo
the
public
notice
from
the
Charleston
Newspaper
dated
July
2,
2004.
(
page
214
thru
218)
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.
Letter
dated
July
2,
2004
(
unsigned)
request
for
a
public
hearing
and
public
comment
period
for
45
SCR
14
and
19
on
August
2,
2004.
(
page
212).
X
8.
Compilation
of
public
comments
and
the
State's
response
thereto.
8.
Response
to
comments,
page
133
(
no
date).
X
Technical
Materials
EPA
REQUIREMENT
STATE
SUBMITTAL
(
X)

3
1.
Identification
of
all
regulated
pollutants
affected
by
the
plan.
1.
See
45
CSR
14
Section
2.35a
thru
2.36
Page
69
thru
70.
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.
Previously
approved
SIP
see
40
CFR
81.
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.
NA
­
Previously
approved.

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.
NA
­
Previously
approved.

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.
NA
­
Previously
approved.

6.
Evidence,
where
necessary,
that
emission
limitations
are
based
on
continuous
emission
reduction
technology.
6.
NA
­
Previously
approved.

7.
Evidence
that
the
plan
contains
emission
limitations,
work
practice
standards
and
recordkeeping/
reporting
requirements,

where
necessary,
to
ensure
emission
levels.
7.
NA
­
Previously
approved.
Technical
Materials
EPA
REQUIREMENT
STATE
SUBMITTAL
(
X)

4
8.
Compliance/
enforcement
strategies,
including
how
compliance
will
be
determined
in
practice.
8.
NA
Previously
approved
9.
Special
economic
and
technological
justifications
required
by
any
applicable
EPA
policies.
(
If
a
policy
is
not
appropriate,

explain
why.)
9.
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.
NA
