	SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

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

SIP Submitted by:	West Virginia Department of Environment Quality

Date Submitted: 	May 22, 2006, amended on June 16, 2006

Subject:		West Virginia NOx SIP Call Phase II 	

Completeness Review 

Completed by: 	Marilyn Powers

Date Completed: 	June 28, 2006

	

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 May 22, 2006, amended on June 16, 2006 from Stephanie
R. Timmermeyer, West Virginia Cabinet Secretary, to Donald Welsh,
Regional 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.  The proposed rule was published on January 21, 2005 in the West
Virginia Register.  The State has submitted evidence that the regulation
was approved in final form on March 11, 2006, and became effective on
May 1, 2006	

  X



3. Evidence that the State has the necessary legal authority under State
law to adopt and implement the plan.	

3.  The regulation was issued pursuant to West Virginia Code 22-5-4	

  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.  A copy of the regulation as approved by the State Official, with
accompanying signed and stamped documentation that the regulation was
adopted, and having an effective date of May 1, 2006	

 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 of submittal dated May 22, 2006, signed by Stephanie R.
Timmermeyer, Cabinet Secretary, certified that all State procedures were
followed in adoption of the regulation.	

  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 of public hearing and public comment period was published in
the West Virginia Register on January 21, 2005 (Vol. XXII, Issue 3 page
121).	

  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.  Certified Transcript of Public Hearing was provided in the June 16,
2006 amendment to the May 22, 2006 submittal	

  X



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

8.  .  Summary of public comments and WVDEP’s responses thereto was
provided in the June 16, 2006 amendment to the May 22, 2006 submittal.	

  X



Technical Materials													   Acceptable

	EPA REQUIREMENT	

	STATE SUBMITTAL 	

(X)



1. Identification of all regulated pollutants affected by the plan.	1. 
The submittal affects NOx emissions from large internal combustion
engines in the State	

  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.  The submittal
identifies the sources that are affected (§45-1-90.3 of 45CSR1).  This
regulation addresses West Virginia’s remaining obligations to reduce
its transported emissions that contribute to downwind States’
nonattainment problems. 	

  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.  Not applicable. 	

 



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. 
Not applicable..        

	

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.  	

 



6. Evidence, where necessary, that emission limitations are based on
continuous emission reduction technology.	6.  Not applicable.	

 



7. Evidence that the plan contains emission limitations, work practice
standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels.	7.  The regulation includes emission reduction
requirements and recordkeeping/reporting requirements (§45-1-90.5).	

  X



8. Compliance/enforcement strategies, including how compliance will be
determined in practice.	8   Regulation has requirements for compliance
plan (§45-1-90.4)	

  X



9. Special economic and technological justifications required by any
applicable EPA policies. (If a policy is not appropriate, explain why.)
9.  No special justifications are required.	

 



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 because this is not a section
107 request.

	

