# Air Plan Disapproval; West Virginia; Revision to the West Virginia State Implementation Plan To Add the Startup, Shutdown, Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations
> **Rule** · Final action. · Published 2023-04-17 · Effective 2023-05-17 · 88 FR 23356
## Document
- **Document number:** 2023-07615
- **Category:** air-emissions
- **Federal Register citation:** 88 FR 23356
- **CFR reference:** 40 CFR 52
- **Publication date:** 2023-04-17
- **Effective date:** 2023-05-17
- **State:** VA
- **EPA docket:** EPA-R03-OAR-2022-0956
## Abstract

The Environmental Protection Agency (EPA) is disapproving a state implementation plan (SIP) revision submitted by the State of West Virginia on June 13, 2017. The revision pertains to a new rule setting forth the requirements to establish, at the discretion of the Secretary of the West Virginia Department of Environmental Protection, an alternative emission limitation (AEL) for a source that requests an AEL. This SIP revision was submitted subsequent to a finding of substantial inadequacy and SIP call published on June 12, 2015, for provisions in the West Virginia SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is disapproving this revision to the West Virginia SIP because it does not comply with the requirements of the Clean Air Act (CAA). EPA will also be issuing a finding of failure to submit (FFS) in a separate action, published elsewhere in this issue of the Federal Register, to address West Virginia's failure to correct the deficiencies identified in the June 12, 2015, SIP call.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2023/04/17/2023-07615/air-plan-disapproval-west-virginia-revision-to-the-west-virginia-state-implementation-plan-to-add)
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