[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Proposed Rules]
[Pages 55835-55837]
[FR Doc No: 2011-23096]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1140

[Docket No. FDA-2011-N-0467]
RIN 0910-AG43

Non-Face-to-Face Sale and Distribution of Tobacco Products and
Advertising, Promotion, and Marketing of Tobacco Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is issuing this advance
notice of proposed rulemaking (ANPRM) to obtain information related to
the regulation of non-face-to-face sale and distribution of tobacco
products and the advertising, promotion, and marketing of tobacco
products. FDA is taking this action as part of its implementation of
the Family Smoking Prevention and Tobacco Control Act (Tobacco Control
Act). FDA is requesting comments, data, research, or other information
related to non-face-to-face sale and distribution of tobacco products;
the advertising, promotion, and marketing of such products; and the
advertising of tobacco products via the Internet, e-mail, direct mail,
telephone, smart phones, and other communication technologies that can
be directed to specific recipients.

DATES: Submit either electronic or written comments by December 8,
2011.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2011-
N-0467 and/or RIN number 0910-AG43, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2011-N-0467 and Regulatory Information Number (RIN
0910-AG43) for this rulemaking. All comments received may be posted
without change to http://www.regulations.gov, including any personal
information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, insert the docket
number found in brackets in the heading of this document, into the
``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beth Buckler, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Tobacco Control Act, enacted on June 22, 2009, amends the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) and provides FDA
with the authority to regulate tobacco products (Pub. L. 111-31, 123
Stat. 1776). Among other things, the Tobacco Control Act requires FDA
to issue regulations, by October 1, 2011, regarding the sale and
distribution of tobacco products that occur through means other than a
direct, face-to-face exchange between a retailer and a consumer (i.e.,
a non-face-to-face or remote sale) in order to prevent the sale and
distribution of tobacco products to individuals who have not attained
the minimum age established by applicable law for the purchase of such
products, including requirements for age verification (section
906(d)(4)(A)(i) of the FD&C Act (21 U.S.C. 387f(d)(4)(A)(i))). The
Tobacco Control Act also requires FDA to issue regulations, by April 1,
2012, to address the promotion and marketing of tobacco products that
are sold or distributed through a non-face-to-face exchange in order to
protect individuals who have not attained the minimum age established
by applicable law for the purchase of such products (section
906(d)(4)(A)(ii)). Furthermore, section 906(d)(1) of the FD&C Act
provides that the Secretary of Health and Human Services (the
Secretary) may by regulation require restrictions on the sale and
distribution of a tobacco product, including restrictions on the access
to, and the advertising and

promotion of, the tobacco product, if the Secretary determines that
such regulation would be appropriate for the protection of the public
health.
    On March 31, 2010, following the enactment of the Tobacco Control
Act, and before FDA could issue the regulations required by section
906(d)(4)(A) of the FD&C Act, the Prevent All Cigarette Trafficking
(PACT) Act of 2009 (Pub. L. 111-154; 124 Stat. 1087) became law. Among
other things, the PACT Act makes cigarettes and smokeless tobacco \1\
nonmailable matter, with certain exceptions, and requires Internet and
other remote sellers to comply with all State, local, Tribal, and other
laws that apply generally to sales of cigarettes or smokeless tobacco
that occur entirely within the State in which the cigarettes or
smokeless tobacco products are delivered, including laws imposing
restrictions on sales to minors (18 U.S.C. 1716E, 15 U.S.C.
376a(a)(3)). In addition, the PACT Act requires Internet and other
remote sellers to: (1) Verify the age of their customers prior to the
sale through the use of commercially-available databases to ensure,
among other things, that the purchaser is at least the minimum age
required by law at the place of delivery, and (2) use a method of
delivery that requires verification of the age and identification of
the person accepting delivery of the product to ensure that the person
is at least the minimum age required by law at the place of delivery
(15 U.S.C. 376a(b)(4)). The PACT Act also directs the Attorney General
of the United States to create and distribute a list of delivery
sellers of cigarettes or smokeless tobacco that are not in compliance
with the PACT Act. This list will be provided to the attorney general
and tax administrator of every State, common carriers and other persons
that deliver small packages to consumers in interstate commerce,
including the U.S. Postal Service, and any other person that can
promote the effective enforcement of the PACT Act (15 U.S.C.
376a(e)(1)(A)). The U.S. Postal Service and the Department of Justice's
Bureau of Alcohol, Tobacco, Firearms and Explosives are responsible for
implementing the provisions of the PACT Act.
---------------------------------------------------------------------------

    \1\ The PACT Act defines the terms ``cigarettes'' and
``smokeless tobacco'' differently than the FD&C Act (see 15 U.S.C.
375(a)(2) and (a)(12) of the PACT Act and section 900(3) and (18) of
the FD&C Act).
---------------------------------------------------------------------------

    FDA has determined that additional information is needed about the
non-face-to-face sale and distribution of tobacco products prior to
issuing the regulations required by section 906(d)(4)(A)(i) of the FD&C
Act. Furthermore, because the enactment of the PACT Act affects the
non-face-to-face sale and distribution of cigarettes and smokeless
tobacco, FDA is seeking information about how non-face-to-face sale and
distribution practices for cigarettes and smokeless tobacco have
changed or will change in light of the PACT Act and its implementing
regulations (75 FR 29662, May 27, 2010; 75 FR 35302, June 22, 2010).
FDA also has determined that additional information is needed about the
advertising, promotion, and marketing of tobacco products prior to
issuing regulations under sections 906(d)(4)(A)(ii) and 906(d)(1) of
the FD&C Act. Specifically, FDA is seeking information about the
advertising, promotion, and marketing of tobacco products sold or
distributed through a non-face-to-face exchange. In addition, given the
rapid expansion of the Internet and mobile technologies, FDA is seeking
information about the advertising of tobacco products via the Internet,
e-mail, direct mail, telephone, smart phones, and other communication
technologies that can be directed to specific recipients.
    FDA believes that issuing an ANPRM is the best approach for
ensuring that the Agency has the information it needs to issue
effective regulations under that section. FDA intends to use the
information submitted in response to this document to inform its
regulation of the sale and distribution of tobacco products through a
non-face-to-face exchange and the advertising, promotion, and marketing
of tobacco products.

II. Request for Comments and Information

    FDA is seeking data, research, information, and comments related to
the following:

A. Non-Face-to-Face Sale and Distribution of Tobacco Products

    1. Other than direct mail, catalog, and Internet sales, what types
of non-face-to-face sales and distribution methods are used to sell or
distribute tobacco products to consumers?
    2. Do the non-face-to-face sales and distribution methods differ
depending on the type of tobacco product being sold (e.g., cigarettes,
smokeless tobacco, or other products ``made or derived from tobacco''
subject to the Tobacco Control Act)? If so, how?
    3. What are the methods used by minors to acquire tobacco products
through a non-face-to-face exchange?
    a. Which of these methods are minors most successful in using to
obtain tobacco products?
    b. What are the best data sources (other than Federal Government
surveys) for information about the extent and character of such
purchases by minors?
    4. Since the enactment of the PACT Act, have minors found
alternative methods to purchase and/or acquire cigarettes or smokeless
tobacco products by a means other than a face-to-face exchange? If so,
what are they?
    5. What are the current technologies, procedures, or other methods
used to ensure that the purchaser of a tobacco product through a non-
face-to-face exchange is an adult, including age and ID verification?
    a. How effective are these methods at preventing minors' access to
tobacco products through a non-face-to-face exchange?
    b. If these methods are not effective, which other technologies,
procedures, or methods would work more effectively to prevent minors'
access to tobacco products through a non-face-to-face exchange?
    c. Do these methods differ depending on the type of non-face-to-
face exchange (e.g., Internet, direct mail, catalog, telephone, etc.)?
If so, how?
    d. Is requiring an adult (whether or not the person who placed an
order) to sign for the delivery of tobacco products adequate to ensure
that tobacco products purchased through a non-face-to-face exchange are
not delivered to minors? Or, is it necessary to require that the
products be delivered only to the person who ordered them? Are there
other requirements that could be placed on the delivery of tobacco
products to prevent their delivery to minors?
    6. What payment methods are used for the sale of tobacco products
through non-face-to-face exchanges? Do these payment methods differ
depending on the type of tobacco product purchased? If so, how?
    7. To what extent are tobacco products sold through a non-face-to-
face exchange sold at substantially lower prices than the same types of
tobacco products sold through a face-to-face exchange? Do the price
differences vary depending on the type of tobacco product purchased? If
so, how?
    8. What means are used to deliver tobacco products sold to
consumers through non-face-to-face exchanges?
    a. Do these means of delivery differ depending on the type of non-
face-to-face exchange (e.g., Internet, direct mail, catalog, etc.)? If
so, how?
    b. Do these means of delivery differ depending on the type of
tobacco product sold? If so, how?

    c. Do these means of delivery differ depending on the location of
the seller and/or purchaser? If so, how?
    9. What strategies, if any, are used by tobacco product
manufacturers to ensure that their tobacco products are not sold or
distributed to minors through non-face-to-face exchanges by parties
other than the manufacturer?
    a. Do tobacco product manufacturers verify the effectiveness of
these strategies? If so, how?
    b. Are there any data available to verify the effectiveness of
these strategies? If so, what are they?
    10. How can FDA most effectively partner with other Federal
agencies and State, local, territorial, and Tribal governments to
prevent the sale and distribution of tobacco products to minors through
non-face-to-face exchanges?

B. Advertising, Promotion, and Marketing of Tobacco Products

    11. What forms of advertising, promotion, and marketing are used to
promote the sale of tobacco products through non-face-to-face
exchanges?
    a. What are the current trends in these forms of advertising,
promotion, and marketing?
    b. Which of these forms of advertising, promotion, and marketing
are appealing to minors?
    c. Are there themes or techniques used in these forms of
advertising, promotion, and marketing that are appealing to minors?
    12. How are the Internet, e-mail, direct mail, telephone,
smartphones, and other communication technologies used to direct
tobacco product advertising, marketing, and promotion messages to
specific recipients?
    a. What are the current trends in these forms of advertising,
promotion, and marketing?
    b. Which of these forms of advertising, promotion, and marketing
are appealing to minors?
    c. Are there themes or techniques used in these forms of
advertising, promotion, and marketing that are appealing to minors?
    d. To what extent are databases with individual tobacco user
information used to direct tobacco product advertising, marketing, and
promotion messages to specific recipients?
    13. What technologies, procedures or other methods are currently
used by the tobacco industry (including, but not limited to,
manufacturers, importers, distributors, and retailers) to restrict or
minimize a minor's exposure to the forms of advertising, promotion, and
marketing of tobacco products described in questions 11 and 12 of
section II.B of this document?
    a. How effective are these methods at restricting or minimizing
such exposure?
    b. If these methods are not effective, what other technologies,
procedures, or methods would work more effectively to restrict or
minimize the exposure of minors to such advertising, promotion, and
marketing?
    c. Would the technologies, procedures, or other methods described
in question 13b prevent such tobacco product advertising, promotion,
and marketing from reaching adult consumers? If so, what alternatives
are available to minimize minors' exposure while still enabling tobacco
product information to be communicated to adults?
    d. To the extent that minors' exposure to tobacco product
advertising, promotion, and marketing cannot be eliminated, what
restrictions or requirements could be placed on such advertising,
promotion, and marketing to minimize its appeal to or influence on
minors who are exposed to it?
    e. Would the technologies, procedures, or other methods described
in question 13d of section II.B of this document prevent the
communication of tobacco product information to adult consumers? If so,
what alternatives are available to minimize minors' exposure while
still enabling tobacco product information to be communicated to
adults?
    14. Given the rapid growth of social media (e.g., Facebook,
Twitter, YouTube, etc.), how can minors' exposure to tobacco product
advertising, promotion, and marketing through these types of media be
restricted or minimized?

III. Submission of Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be viewed electronically at http://www.regulations.gov or by visiting the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Authority: The ANPRM is issued under section 906 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387f) and under the
authority of the Commissioner of Food and Drugs.

    Dated: September 2, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-23096 Filed 9-8-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Page 7425]
[FR Doc No: 2023-02249]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-945-000]

Relief Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Relief Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 16, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: January 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02249 Filed 2-2-23; 8:45 am]
BILLING CODE 6717-01-P


"richardastrust.com"<EMAIL_ADDRESS>07/05/2007 11:03 PM	To
	Margaret Sheppard/DC/USEPA/US@EPA
	cc
	Dave Godwin/DC/USEPA/US@EPA, Karen Thundiyil/DC/USEPA/US@EPA, Julius
Banks/DC/USEPA/US@EPA
	bcc

	Subject
	Re: white goods

	History:
		This message has been replied to.

Dear Margaret:

As follows below

<EMAIL_ADDRESS>wrote:
Richard,
Thank you for the clarification and the additional information. I will
share this with my colleagues, as well.

So, my understanding is that your submission is for household
refrigerators (which may include a freezer) and for residential and
light commercial air conditioning. In terms of air conditioning, you
are considering window units, but not heat pumps or central air
conditioning units. Is that correct?

A:  Yes, for home refrigerators and freezers or stand alone refrigerators
or freezers.
At this time only the residential air condition units such as window units
or
split units.

I'd also like to keep this portion confidential: I spoke w/ Keith @ Robin
air today7/5/07 and was told they do not have any reclaimer and do not
know if their reclaimer will work with hydrocarbon refrigerants. As far as
they were concerned, since it is not an EPA approved refrigerant, they
could find no justification to run any type of test or study.  I got the
same answer from Sergio @ UL.

I would like to place your email below in the docket, because it
clarifies your submission. Please let me know if there is anything in
that email that you would not want to be available to the general
public.

Margaret Sheppard
USEPA/Stratospheric Protection Division
SNAP Program
Tel.<PHONE_NUMBER>
Fax<PHONE_NUMBER>
email<EMAIL_ADDRESS>

"richardastrust.
com"
.com> Margaret Sheppard/DC/USEPA/US@EPA
cc
07/04/2007 10:13
PM Subject
white goods

Dear Margaret:

My intention for HCR188C is to be used in new refrigerators and new home
air conditioners units.To retrofit a refrigerator or AC home unit is
not feasible because of cost.

The normal home window unit 12000 BTU is around $200.00 and the
normal-sized refrigerator is approx $500.00. Whenever one fails, it is
cheaper to buy a new one and not fix it.

I guess I did not clarify this.

Most of the exposure of HCR188c would be at a factory when they charge
the new system.

If there is a failure or warranty, they would just discard it and the
store would replace it with a new one. The old one is scrapped. Scrap
yards just recycle the unit by removing the refrigerant and sell it as
propane for the barbecue grill. It would be easier to blend the
refrigerant from new hydrocarbons.

I have used a Robin air EPA-approved reclaimer for HCR188c which has an
oil-separator
which separates the compressor oil from HCR188C and recycles HCR188C
back into a canister. I found it much more effective using the recycled
refrigerant in a BBQ charcoal burner. It can be reused as a refrigerant
but my own personal feeling is that it is such a small amount and that
part of the blend might get lost in the process so I would rather have a
brand new blend in an air conditioner. Although I've used it over and
over many times, the barbecue grill was the best.

Could you also keep this confidential:
At Cortland, New York while testing my refrigerant at Intertek in
February of this year, I did ask Rob Hill about a reclaimer for
Hydrocarbon Refrigerant, All he told me was that there was no company
that he knows is doing it since the EPA has not approved it as an
Alternative Refrigerant.

I will ask him again in writing and get his response.

If this is part of a satisfactory explanation then I will get the rest
of the clarification to you
in a formal letter.

Thank you
Richard


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49550-49551]
[DOCID:fr13au10-128]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifth Meeting: RTCA Special Committee 219: Attitude and Heading
Reference System (AHRS)

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of RTCA Special Committee 219: Attitude and Heading
Reference System (AHRS).

-----------------------------------------------------------------------

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of

RTCA Special Committee 219: Attitude and Heading Reference System
(AHRS).

DATES: The meeting will be held September 14-16, 2010 from 9 a.m. to 5
p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 219: Attitude and Heading
Reference System (AHRS) meeting. The agenda will include:
     Welcome/Introductions/Administrative Remarks.
     Agenda overview.
     Review/Approve Fourth Meeting Summary, RTCA Paper No. 087-
10/SC219-008.
     Review Summary from last working group meeting.
     Review current state of the final document.
     Plan working group sessions for the week.
     Working group sessions.
     Reassemble final document for distribution outside of
committee.
     Re-evaluate dates, location, and agendas for next couple
of working group and Plenary meetings.
     Other business.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 9, 2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010-19991 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	April 22, 2010

SUBJECT:	Technical Support Document for the State of West Virginia State
Implementation Plan for Section 110(a)(2) Infrastructure Requirements
for the 1997 8-hour Ozone and the 1997 and 2006 Fine Particulate Matter
National Ambient Air Quality Standards

			/s/

FROM:	Irene Shandruk,  Physical Scientist

Office of Air Program Planning

TO:	File

			/s/

THRU: 	Cristina Fernandez, Associate Director

Office of Air Program Planning

A.  INTRODUCTION

	The Environmental Protection Agency (EPA) is taking action on certain
submittals made by West Virginia to meet the Clean Air Act (CAA) section
110(a)(2) requirements of the revised 1997 8-hour ozone national ambient
air quality standards (NAAQS), the 1997 fine particulate (PM2.5), and
the revised 2006 PM2.5 NAAQS.

B.  BACKGROUND

1997 8-Hour Ozone and PM2.5 NAAQS

On July 18, 1997, EPA promulgated a revised NAAQS for ozone (62 FR
38856) and a new NAAQS for PM2.5 (62 FR 38652).  The new ozone NAAQS was
based on 8-hour average concentrations.  The 8-hour averaging period
replaced the previous 1-hour averaging period, and the level of the
NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm.  The
new PM2.5 NAAQS established a health-based PM2.5 standard of 15.0
micrograms per cubic meter (µg/m3) based on a 3-year average of annual
mean PM2.5 concentrations, and a twenty-four hour standard of 65µg/m3
based on a 3-year average of the 98th percentile of 24-hour
concentrations.

Whenever a new or revised NAAQS is promulgated, section 110(a) of the
CAA imposes obligations upon States to submit State Implementation Plan
(SIP) revisions that provide for the implementation, maintenance, and
enforcement of the new or revised NAAQS within three years following the
promulgation of such NAAQS.  Although States typically have met many of
the basic program elements required in section 110(a)(2) through earlier
SIP submissions in connection with previous ozone and PM standards,
States (including all of the Region 3 States) were still required to
submit SIP revisions that address section 110(a)(2) for the 1997 NAAQS.
These SIPs were due in July 2000.  However, intervening litigation over
the 1997 8-hour ozone and PM2.5 NAAQS created uncertainty about how to
proceed and, as of October 2007, States had not submitted SIPs to meet
these infrastructure requirements.

In March of 2004, Earthjustice initiated a lawsuit against EPA for
failure to take action against States that had not made SIP submissions
to meet the requirements of sections 110(a)(1) and (2), i.e., failure to
make a “finding of failure to submit the required SIP 110(a) SIP
elements.”  On March 10, 2005, EPA entered into a Consent Decree with
Earthjustice that obligated EPA to make official findings in accordance
with section 110(k)(1) of the CAA, as to whether States have made
complete SIP submissions, pursuant to sections 110(a)(1) and (2), by
December 15, 2007 for the 1997 8-hour ozone NAAQS and by October 5, 2008
for the 1997 PM2.5 NAAQS.  EPA made completeness findings for the 1997
8-hour ozone NAAQS on March 27, 2008 (73 FR 16205) and on October 22,
2008 (73 FR 62902) for the 1997 PM2.5 NAAQS.  These findings pertained
only to whether the submissions were complete, pursuant to 110(k)(1)(A),
and did not constitute EPA approval or disapproval of such submissions.

Two elements identified in section 110(a)(2) are not governed by the
three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to section 172.  These elements are:  1) submissions
required by section 110(a)(2)(C) to the extent that subsection pertains
to a permit program in Part D Title I of the CAA; and 2) any submissions
required by section 110(a)(2)(I), which pertain to the nonattainment
planning requirements of Part D Title I of the CAA.  The determinations
required by the consent decree excluded any determination regarding such
portion of section 110(a)(2)(C) and section 110(a)(2)(I), therefore,
this action does not cover these specific elements.  This action also
does not address the requirements of 110(a)(2)(D)(i), which have been
addressed by a separate finding issued by EPA on April 25, 2005 (70 FR
21147).

With respect to West Virginia’s obligations pursuant to CAA sections
110(a)(1) and (2) for the 1997 8-hour ozone and PM2.5 NAAQS, this
technical support document will review only those elements which were
the subject of EPA’s completeness findings. The March 27, 2008 (73 FR
16205) action made a completeness finding that the West Virginia
submittals of December 3, 2007 and April 3, 2008 addressed some but not
all of the 110(a)(2) requirements.  Specifically, EPA found that West
Virginia failed to address sections 110(a)(2)(B), (E)(i), (G) (with
respect to authority comparable to section 303), (H) and (J) (relating
to public notification under section 127), (M), and Part C Prevention of
Significant Deterioration (PSD) permit program required by the November
29, 2005 (70 FR 71612, page 71699) final rule that made nitrogen oxides
(NOx) a precursor for ozone in the Part C regulations found in 40 CFR
51.166 and in 40 CFR 52.21.  The West Virginia submittal dated May 21,
2008 addressed these findings, with the exception of the Part C PSD,
which will be taken as a separate action.

EPA will take separate action on the portions of section 110(a)(2)(C)
and (J) for the 1997 8-hour ozone NAAQS as they relate to West
Virginia’s PSD permit program.  With respect to this permit program,
on November 29, 2005 (70 FR 71612), EPA promulgated a change that made
NOx a precursor for ozone in the Part C regulations at 40 CFR 51.166 and
40 CFR 52.21.  In the March 27, 2008 completeness findings, it was
determined that while West Virginia had an approved PSD program in its
SIP codified at 40 CFR 52.2520, West Virginia’s regulation, 45CSR14,
did not fully incorporate NOx as a precursor for ozone.  On July 20,
2009, West Virginia submitted revisions to 45CSR14 to include NOx as a
precursor for ozone.  Action on this PSD SIP revision will be taken at a
later time, and consequently, elements 110(a)(2)(C) and (J) as they
pertain to the PSD permit program for the 1997 8-hour ozone NAAQS will
be addressed in this future action as well.

2006 PM2.5 NAAQS

	On October 17, 2006 (71 FR 61144), EPA revised the twenty-four hour
average PM2.5 primary and secondary NAAQS from 65 µg/m3 to 35 µg/m3.
As required by section 110(a)(1) of the CAA, the 110(a)(2) submittals
were due within three years after promulgation of the revised standard,
with the exception of 110(a)(2)(C) pertaining to the Part D permit
program and 110(a)(2)(I) for the reasons discussed above for the 1997
8-hour ozone and PM2.5 standards.

C.  EPA REQUIREMENTS

As discussed above, for the 1997 8-hour ozone and PM2.5 NAAQS, States
must provide SIP submissions, or provide certification that address
section 110(a)(2)(A) through (M), with the exception of the portion of
110(a)(2)(C) pertaining to a permit program in Part D Title I of the
CAA, 110(a)(2)(I) and (D)(i).  To help States meet this statutory
requirement, EPA issued guidance on October 2, 2007 entitled “Guidance
on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997
8-Hour Ozone and PM2.5 National Ambient Air Quality Standards,” which
listed the basic elements that States must include in their SIPs.

On September 25, 2009, EPA issued an updated guidance document entitled
Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for
the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality
Standards (NAAQS), which clarifies, in further detail, expectations for
certain elements to meet the requirements of sections 110(a)(1) and (2)
of the CAA for both the 1997 and 2006 PM2.5 NAAQS.  Specifically,
guidance is provided for satisfying the section 110(a)(2)(D)
requirements for the 2006 PM2.5 NAAQS, as well as guidance for
satisfying the section 110(a)(2)(G) requirements that addresses both the
1997 and 2006 PM2.5 NAAQS.  EPA notes, however, that the requirements
under 110(a)(2)(D)(i) are being addressed separately and are not
included in this action.

D.  STATE’S SUBMITTAL

West Virginia provided multiple submittals to satisfy the requirements
of section 110(a)(1) and (2) of the CAA for the 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS.  Submittals dated December 3,
2007, May 21, 2008, and October 1, 2009 addressed the 110(a)(2)
requirements for 8-hour ozone.  Submittals dated April 3, 2008, May 21,
2008, July 9, 2008, October 1, 2009, and March 18, 2010 addressed the
110(a)(2) requirements for the 1997 PM2.5 NAAQS.   To satisfy the
requirements of section 110(a)(1) and (2) for the 2006 PM2.5 NAAQS, the
West Virginia Department of Environmental Protection (WVDEP) provided a
submittal dated October 1, 2009, in accordance with the September 25,
2009 guidance.  West Virginia’s October 1, 2009 SIP submittal
originally included the infrastructure elements for the 2008 8-hour
ozone NAAQS.  On March 18, 2010, WVDEP submitted a withdrawal request
for the 110(a)(2)(A)-(M) elements for the 2008 8-hour ozone NAAQS from
the October 1, 2009 submittal, leaving only the 2006 PM2.5 portion of
the submittal in place for action.  Therefore, action will only be taken
on the PM2.5 portion of the October 1, 2009 submittal.  On March 18,
2010, West Virginia made an additional submittal for the 110(a)(2)(G)
element for both the 1997 and 2006 PM2.5 NAAQS.  The submittals shown in
Table 1 address the infrastructure elements, or portions thereof,
identified in section 110(a)(2) that EPA is proposing to approve.

Table 1:  110(a)(2) Elements, or Portions Thereof, EPA is Proposing to
Approve for the 1997 Ozone and PM2.5 and 2006 PM2.5 NAAQS

Submittal Date	1997 8-Hour Ozone	1997 PM2.5	2006 PM2.5

December 3, 2007	A, C, D(ii), E, F, G, J, K, L

April 3, 2008

A, C, D(ii), E, F, J, L

	May 21, 2008	B, E, F, G, H, J, K, M	B, E, F, G, H, J, K, M

	July 9, 2008

G

	October 1, 2009	C	C	A, B, C, D(ii), E, F, G, H, J, K, L, M

March 18, 2010

G	G

* Note:  On December 11, 2007 and October 1, 2009, West Virginia
submitted element 110(2)(D)(i), which will be addressed in a separate
action.

E.  EVALUATION OF STATE SUBMITTAL

As noted above, West Virginia provided multiple submittals for the 1997
8-hour ozone and PM2.5 NAAQS, and for the 2006 PM2.5 NAAQS.  However,
the demonstrations submitted by West Virginia for how it is meeting many
of the elements are substantively identical for both the ozone and PM2.5
NAAQS, therefore, the following evaluation of each element pertains to
all standards except as otherwise noted.

1.  Section 110(a)(2)(A)

Pursuant to West Virginia Code section 22-5-4(a)(1) and (3), the
Secretary has the authority to “develop ways and means for the
regulation and control of pollution of the air of the State” and
“conduct such studies and research relating to air pollution and its
control and abatement.”  The Secretary has the authority under West
Virginia Code sections 22-1-3(a), 22-5-4(a), and 22-5-4(a)(17) to
promulgate rules in accordance with the Administrative Procedures Act
(West Virginia Code section 29A3-1 et seq.).

For the ozone NAAQS, enforceable emission limits, control measures, and
compliance schedules are contained in those provisions of West
Virginia’s federally approved NOx SIP Call Regulations (71 FR 56881
and 67 FR 31733).  Additional emission limitations and schedules are
found in West Virginia’s volatile organic compound (VOC) control
regulations (60 FR 6022 and 60 FR 39855).  Control measures are
identified in approved maintenance plans for the Charleston (71 FR
39001), Huntington (71 FR 54421), Parkersburg (72 FR 25967), Wheeling
(72 FR 27060), and Weirton (72 FR 27247) areas.

For the PM2.5 NAAQS, the pertinent emission limitations and other
control measures are contained in West Virginia’s SIP-approved State
Rules 45CSR2, 45CSR3, 45CSR5, 45CSR6, 45CSR7, 45CSR8, and 45CSR10.
Additionally, the requirements for section 110(a)(2)(A) for PM2.5 are
also found in West Virginia’s approved permitting program, which
includes three SIP-approved rules: minor New Source Review (NSR) (68 FR
9559), PSD rule (71 FR 64470), and major NSR (71 FR 64468).  The State
also has an approved Title V operating permit program (66 FR 50325).

2.  Section 110(a)(2)(B)

Under manifold statute authority, pursuant to West Virginia Code
sections 22-1-1(a)(1), 22-1-1(a)(2), 22-1-1(b), 22-5-1, 22-1-1(b)(5),
22-1-6(a), 22-5-4(a)(1) and (3), West Virginia operates and maintains an
established network of ambient air monitors in West Virginia for the
purpose of assessing compliance with the national ambient air quality
standards, which Congress provided for in the CAA, and such standards
promulgated by EPA to protect the health and welfare of individual
citizens.

	To assess NAAQS compliance, the Division of Air Quality (DAQ) operates
a network of monitors in West Virginia that have been designated by EPA
as either Reference or Equivalent monitors. All ambient air monitors are
subjected to the Quality Assurance requirements of 40 CFR Part 58,
Appendix A. Additionally, all monitors have met the minimum siting
requirements of Part 58, Appendix E.

	In order to keep EPA informed of planned changes to the monitoring
network, WVDEP provides EPA Region III with adequate prior notification.
 Details of these changes and anticipated approvals of the changes are
communicated to EPA. On an annual basis, WVDEP submits to EPA a network
design plan required under 40 CFR 58.10, of any changes to the network.
This plan also provides for a description of each change, the reason for
each change, and any other information relevant to the change.

As provided in West Virginia Code sections 22-5-4(a)(2) and 22-5-10,
WVDEP collects and reports to EPA ambient air quality data for sulfur
dioxide (SO2), carbon monoxide (CO), ozone (O3), PM10, and PM2.5. The
reports comply with the federal requirements of 40 CFR 58.16. The data
is reviewed, edited, validated, and entered into the EPA air quality
system (AQS) for updating pursuant to prescribed AQS procedures. The EPA
AQS receives each report within 90 days after the end of the quarterly
reporting period. Data is certified annually as required under 40 CFR
58.15.

WVDEP analyzes such air quality data to determine attainment status or
progress, as demonstrated by the 8-hour ozone redesignation and
maintenance plan requests

submitted and/or approved during calendar years 2006, 2007, and first
quarter of 2008.

3.  Section 110(a)(2)(C)

Pursuant to West Virginia Code sections 22-1-6(a), 22-1-3(a), 22-5-4(a),
22-5-5, and 22-5-6, the West Virginia Cabinet Secretary has enforcement
authority of emission limitations and control measures for ozone and
PM2.5 NAAQS.

For the ozone NAAQS, monitoring, recordkeeping, and reporting
requirements are found in West Virginia’s approved NOx SIP Call rules
(71 FR 56881 and 67 FR 31733), in West Virginia’s VOC control
regulations (60 FR 6022), and in State Rule 45CSR40.  An additional
approved provision includes submission of VOC and NOx emissions
statements for sources in Putnam, Kanawha, Cabell, Wayne, Wood, and
Greenbrier Counties.  For the PM2.5 NAAQS, monitoring, recordkeeping,
and reporting requirements are found in State Rules 45CSR39 and 45CSR41.

For both the ozone and PM2.5 NAAQS, additional provisions are found in
West Virginia’s current permitting program, which includes three
SIP-approved rules: minor NSR rule 45CSR13 (68 FR 9559), PSD rule
45CSR14 (71 FR 64470), and major NSR 45CSR19 (71 FR 64468).  The State
also has an approved Title V operating permit program (66 FR 50325).

	EPA will take separate action on the portion of section 110(a)(2)(C)
for the 1997 8-hour ozone NAAQS as it relates to West Virginia’s PSD
permit program.  On July 20, 2009, West Virginia submitted revisions to
regulation 45CSR14 to include NOx as a precursor for ozone.  Action on
this PSD SIP revision will be taken at a later time, and consequently,
element 110(a)(2)(C) as it pertains to the PSD permit program for the
1997 8-hour ozone NAAQS will be addressed in this future action as well.

In addition, the requirements of section 110(a)(2)(C) that pertain to a
permit program in Part D Title I of the CAA will be addressed separately
and are not included in this action.

4.  Section 110(a)(2)(D)(i)

	The requirements of section 110(a)(2)(D)(i) will be addressed
separately and are not included in this action.

5.  Section 110(a)(2)(D)(ii)

West Virginia is not subject to the requirements of sections 126 and 115
of the CAA.

6.  Section 110(a)(2)(E)

West Virginia has adequate authority under the West Virginia Air
Pollution Control Act (APCA), West Virginia Code section 22-5-1, to
carry out its SIP obligations with respect to the 8-hour ozone and PM2.5
NAAQS and to revise the SIP as necessary.

The WVDEP Cabinet Secretary is authorized under West Virginia Code
sections 22-1-6(c)(1) and 22-5-4(a)(12) to carry out and represent the
State in any and all matters pertaining to the implementation plan, and
under West Virginia Code section 22-5-4(a)(16) to do all things
necessary and convenient to prepare and submit a plan. The Secretary is
not prohibited by any provision of federal or state law from carrying
out the implementation plan or portion thereof. The Secretary has the
authority under West Virginia Code sections 22-1-3(a), 22-5-4(a)(4), and
22-5-4(a)(17) to promulgate rules in accordance with the Administrative
Procedures Act (West Virginia Code sections 29A3-1 et seq.).
Approximately forty rules revised under the auspices of the Air
Pollution Control Act (APCA) are currently in effect and codified at
Title 45 of the Code of State Rules, including the ambient air quality
standards for criteria pollutants contained in 45CSR8.  Statutory
permitting requirements are set forth in West Virginia Code sections
22-5-11 and 12.

	WVDEP has adequate personnel to carry out the implementation plan with
respect to 8-hour ozone and PM2.5 NAAQS requirements. The Secretary
employs

adequate personnel and retains specialists under West Virginia Code
section 22-5-4(a)(8) that are "necessary, incident or convenient" to
accomplish the statutory mandate to carry out the implementation plan.

	The APCA provides adequate funding under West Virginia Code sections
22-1-10(a) and 2-5-4(a)(17) to carry out the implementation plan. West
Virginia Code section 22-5-12 sets forth the statutory operating permit
requirements for stationary sources under Title V of the CAA. Regulation
45CSR30 establishes fees sufficient to cover the direct and indirect
costs of administering the air pollution control planning process, Title
V operating permit program, and support the air pollution control
program authorized by statute. The APCA also authorizes the
establishment of fees to cover non-Title V permitting costs under
45CSR22. The air quality program also receives revenue from fines and
penalties (Air Pollution Control Fund) and federal funds under section
105 and 103 of the CAA, special federal funds for PM2.5, and state
general appropriations.

The requirements of section 110(a)(2)(E)(ii) are not applicable to West
Virginia because it does not have a board which approves air quality
permits or enforcement orders.  Likewise, the requirements of section
110(a)(2)(E)(iii) are not applicable to West Virginia because it does
not rely on local or regional entities for specific SIP implementation.

7.  Section 110(a)(2)(F)

	West Virginia Code section 22-5-4(a)(15) authorizes the Secretary to
require the installation, maintenance and replacement of equipment, and
the implementation of other necessary steps by owners or operators of
stationary sources to monitor emissions from such sources as the
Secretary may prescribe. Under this authority, West Virginia requires
the installation, maintenance, and replacement of monitoring equipment
at stationary sources through permits issued under 45CSR13, 45CSR14,
45CSR19, 45CSR30, and via compliance orders. The State’s NOx SIP Call
Regulations (45CSR1 & 45CSR26) also require the installation,
maintenance, and replacement of monitoring equipment.

	West Virginia Code sections 22-5-4(a)(15) authorizes the Secretary to
require periodic reports on the nature and amounts of emissions and
emissions-related data from owners or operators of stationary sources
(monitoring data). Pursuant to West Virginia Code sections
22-5-4(a)(14), the Secretary is authorized to require such information
as the Secretary may require in a form or manner prescribed by the
Secretary (emissions inventory program). Under this authority, West
Virginia requires periodic reports on the nature and amounts of
emissions and emissions-related data from stationary sources through
permits issued under 45CSR13, 45CSR14, 45CSR19, 45CSR30, and via
compliance orders. The State’s NOx SIP Call Regulations (45CSR1 &
45CSR26) also require periodic reporting of emissions data.

	West Virginia Code section 22-1-6(d)(3) authorizes the Secretary to
“investigate for violations of statutes or rules which the department
is charged with enforcing.” Section 22-5-4(a)(3) authorizes the
Secretary to correlate periodic emissions reports with any emission
limitations or standards established pursuant to 45CSR13, 45CSR14,
45CSR19, 45CSR30, or the CAA. As set forth in West Virginia Code section
22-5-10, the Secretary makes available at reasonable times for public
inspection the periodic emissions reported under sections 22-5-4(a)(14)
and (15). The Secretary has the responsibility of making all records,
reports or information obtained by the Department or referred to at
public hearings under the provisions of the APCA available to the
public, except to the extent the records, reports or information are
protected by confidentiality pursuant to 45CSR31. The types of records
DEP routinely provides access to include notifications, inspection
reports, notices of violation, enforcement orders, applications, permit
review letters, sample results, monitoring reports, permits, approvals,
and denials that would relate to section 110(a)(2)(F). WVDEP generally
makes information available for public access through its website, but
also makes hard copy reports available upon written request.

8.  Section 110(a)(2)(G)

	West Virginia Code section 22-5-5 authorizes the Secretary to issue an
order to cease and desist any activity that violates the APCA. The
Secretary may also suspend, modify or revoke a source’s permit. Under
section 22-5-6, the Secretary may also institute lawsuits for civil
penalties. Section 22-5-7 authorizes the Secretary to seek applications
for injunctive relief. Section 22-5-8 authorizes the Secretary, with the
written authorization of the governor, to shut down a source, thereby
preventing the emission of air pollutants which substantially
contributes to an emergency that requires immediate action to protect
public health. As provided in West Virginia Code, sections 22-5-4(a)(2)
and 22-5-10, the Secretary may consult with EPA to affirm accuracy of
any information considered while executing authority under sections
22-5-5, -6, -7, or -8.

	On March 18, 2010, West Virginia submitted a certification of
classification as a priority III emergency episode plan region.  The
requirement for a State to submit an emergency episode plan is based on
a priority region classification.  For States with a 24-hour PM2.5
concentration above 140.5 µg/m3, using the most recent three years of
data, are required to develop an emergency episode plan.  States that do
not meet this threshold would be classified as priority III and would
not be required to adopt an emergency episode plan for PM2.5.  PM2.5
monitors in West Virginia show that PM2.5 concentration levels for the
past three years are below the 140.5 µg/m3  threshold, therefore West
Virginia is not required to adopt an emergency episode plan for PM2.5.

9.  Section 110(a)(2)(H)

	West Virginia Code section 22-5-4(a)(16) authorizes the Secretary to do
all things necessary and convenient to prepare and submit a plan. WVDEP
has historically revised, and will continue to revise its NAAQS rules as
necessary to take account of revisions of the national primary or
secondary ambient air quality standards or improved or more expeditious
methods of attaining the standards.

	When, if ever, EPA finds the SIP is substantially inadequate to attain
the NAAQS which it implements or otherwise to comply with the CAA, West
Virginia will revise the plan as necessary for adequacy.

10.  Section 110(a)(2)(I)

	EPA will be taking separate action on this element through the process
of approval or disapproval of West Virginia’s attainment demonstration
plans for the respective NAAQS.

11.  Section 110(a)(2)(J)

	The APCA provides adequate authority under West Virginia Code section
22-5-4(a)(2) for West Virginia’s practices of consultation with local
governments, organizations and Land Managers with respect to SIP
development. WVDEP also consults with such entities regarding
implementation plans for air quality maintenance requirements,
preconstruction review of direct sources, nonattainment requirements,
and prevention of significant deterioration. As an example, WVDEP
consulted with Federal Land Managers on the development of West
Virginia’s Regional Haze SIP revision, and provided an additional
30-day review and comment period beyond the general public review
period.

	West Virginia Code section 22-1-12 provides authority for the public
notification of NAAQS violations and education efforts as required by
CAA Section 127. Each year, WVDEP issues a comprehensive Air Quality
Annual Report, which compares monitored air quality data with the NAAQS,
and tracks the Air Quality Index. The Report contains emissions
information and air quality highlights from the previous year, and
provides public awareness of criteria pollutants and their effects on
health; educational website links to tips that improve air quality,
links to technical websites and outreach efforts.  West Virginia has
also implemented an anti-idling program to reduce pollutants from school
buses and vehicles at public schools.

	For the ozone and PM2.5 NAAQS, West Virginia’s permitting program
includes three SIP approved rules:  minor NSR rule 45CSR13 (68 FR 9559),
PSD rule 45CSR14 (71 FR 64470), and major NSR 45CSR19 (71 FR 64468).
The State also has an approved Title V operating permit program (66 FR
50325).

EPA will take separate action on the portion of section 110(a)(2)(J) for
the 1997 8-hour ozone NAAQS as it relates to West Virginia’s PSD
permit program.  On July 20, 2009, West Virginia submitted revisions to
45CSR14 to include NOx as a precursor for ozone.  Action on this PSD SIP
revision will be taken at a later time, and consequently, element
110(a)(2)(J) as it pertains to the PSD permit program for the 1997
8-hour ozone NAAQS will be addressed in this future action as well.

12.  Section 110(a)(2)(K)

	West Virginia Code, sections 22-5-4(a)(1) and (3), authorizes the
Secretary to “develop ways and means for the regulation and control of
pollution of the air of the state” and “conduct such studies and
research relating to air pollution and its control and abatement.”
Inherent in West Virginia's authority to meet the NAAQS and to conduct
studies and research is the obligation for WVDEP to perform modeling as
required under the CAA to demonstrate attainment of the NAAQS, as
prescribed by the Administrator. WVDEP participates in regional planning
organizations such as the Association for Southeastern Integrated
Planning (ASIP), which performs NAAQS modeling for member states. West
Virginia will continue to perform modeling, as required under the CAA to
demonstrate attainment of the NAAQS.

	West Virginia Code sections 22-5-4(a)(2), 22-5-10, and 22-5-4(a)(16)
authorizes the Secretary to submit, upon request by the Administrator,
modeling data predicting the effect on ambient air quality of any
emissions of any air pollutant for which the Administrator has
established a national ambient air quality standard. West Virginia will
continue to submit the air quality modeling data as part of its relevant
SIP submissions and through Federal grant commitments or in other ways
that EPA may

request.

13.  Section 110(a)(2)(L)

Fees are collected according to West Virginia’s approved SIP under PSD
rule 45CSR14 (71 FR 64470) and major NSR rule 45CSR19 (71 FR 64468), as
well as under their Title V permit program 45CSR30 (66 FR 50325).

14.  Section 110(a)(2)(M)

	West Virginia Code section 22-5-4(a)(2), authorizes the Secretary to
advise, consult and cooperate with local political subdivisions affected
by the implementation plan. West Virginia consults with local
governments, organizations and Land Managers with respect to SIP
development. WVDEP also consults with such entities regarding
implementation plans for air quality maintenance requirements,
preconstruction review of direct sources, nonattainment requirements,
and prevention of significant deterioration.

F.  RECOMMENDATION

EPA’s analysis of West Virginia’s infrastructure submittals for the
1997 8-hour ozone and PM2.5 NAAQS, and the 2006 PM2.5 NAAQS concludes
that West Virginia’s submittals meet the requirements of section
110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof.  It is recommended that a notice of proposed
rulemaking be prepared approving West Virginia’s infrastructure
submittals for the 1997 8-hour ozone and PM2.5 NAAQS and the 2006 PM2.5
NAAQS.

 PAGE

 PAGE   1