                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION III
            1650 Arch Street
Philadelphia, Pennsylvania  19103-2029
                                       
                                       
                                       
                                       
DATE:  8/14/12


SUBJECT:  West Virginia State Implementation Plan (SIP), 45 CSR 8- Ambient Air Quality Standards


FROM:  Asrah Khadr


TO:  File


      On February 22, 2012 (77 FR 10423), EPA published a notice of proposed rulemaking (NPR) regarding the incorporation by reference of the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2), particulate matter (PM), carbon monoxide (CO), ozone, nitrogen dioxide (NO2), and lead into 45 CSR 8- Ambient Air Quality Standards.  An adverse comment was received regarding the removal of section 2 of 45 CSR 8, The Anti-Degradation Policy.  The Anti-Degradation Policy was added by West Virginia in the 1970s as a placeholder, until West Virginia developed its Prevention of Significant Deterioration (PSD) permitting program in the 1980s.  The removal of The Anti-Degradation Policy does not relax the West Virginia SIP because The Anti-Degradation policy was never utilized to enforce West Virginia's PSD permitting program or West Virginia's minor source permitting program; these programs, which are included in the West Virginia State Implementation Plan (SIP), are found respectively at 45 CSR 14 and 45 CSR 13.  As previously stated, The Anti-Degradation policy was not utilized by West Virginia for the PSD or minor source permitting programs and was not used to impose emission limits on sources in West Virginia; this fact was confirmed by the West Virginia Department of Environmental Protection (WVDEP) upon inquiry by EPA.  In addition, WVDEP also confirmed that this SIP revision contains measures to prevent significant deterioration of existing air quality, which are found in 40 CFR 50.2 , which has been incorporated by reference by 45 CSR 8.  Therefore, the removal of The Anti-Degradation Policy is nothing more than an administrative revision. 

 
