	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: 	June 1, 2006

Subject:		NOx and SO2 emissions trading programs to mitigate transport
and comply with the requirements of the Clean Air Interstate Rule	

Completeness Review 

Completed by: 	Marilyn Powers

Date Completed: 	June 29, 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 June 1, 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 State has submitted evidence that the regulations were adopted
and approved in final form on March 11, 2006, with an effective date of
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 regulations were 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 new regulations as approved by the State Official,
with accompanying signed and stamped, and dated 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.  Submittal of June 1, 2006, provided documentation that all State
procedures were followed in adoption of the regulations.	

  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 on
June 17, 2005 in the West Virginia Register (Vol. XXII, Issue 24 page
1052) and a major newspaper.	

  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 and documentation that proper
State procedures were followed was provided in the June 1, 2006
submittal.	

  X



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

8.  Compilation of public comments and WVDEP’s responses thereto was
provided in the June 1, 2006 submittal.	

  X



Technical Materials													   Acceptable

	EPA REQUIREMENT	

	STATE SUBMITTAL 	

(X)



1. Identification of all regulated pollutants affected by the plan.	1. 
The submittal identifies NOx and SO2 emissions that are precursors of
particulate matter (PM) and 8-hourr ozone.	

  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 applies
statewide and affects electric generataing units > 25 MW and certain
cogeneration units..  These regulations address West Virginia’s
obligations to reduce its transported emissions that contribute to
downwind States’ PM and Ozone 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 regulations include the State’s
overall budget, individual unit allocations, trading program protocols,
and monitoring, recordkeeping, reporting, and compliance requirements to
ensure the regional cap is maintained.	

  X



8. Compliance/enforcement strategies, including how compliance will be
determined in practice.	8   The regulations have requirements for
continuous emissions monitoring in accordance with 40 CFR Part 75.  In
each trading program, compliance is determined yearly by reconciliation
of actual control period emissions against allowances held by each
source.	

  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.

	

