West Virginia Air Permitting regulations & environmental compliance analysis

West Virginia Air Permitting: What you need to know

Governing Law and Regulations

Construction permits: West Virginia Regulations (WV Reg.) 45-13-1 to 45-13-15, WV Reg. 45-13A-1 to 45-13A-5, and WV Reg. 45-13B-1 to 45-13B-5

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Applicability: WV Reg. 45-13-2 and WV Reg. 45-13-5.1 to 45-13-5.3

Notification: WV Reg. 45-13-5.13 and WV Reg. 45-13-5.14

Permit application: WV Reg. 45-13-5.4 to 45-13-5.6 and WV Reg. 45-13-7

Action on an application: WV Reg. 45-13-5.7, WV Reg. 45-13-8 and WV Reg. 45-13-9

Construction at risk: WV Reg. 45-13-16

Major source construction permits:

Nonattainment new source review (NSR): WV Reg. 45-19-1 to 45-19-25

Prevention of significant deterioration (PSD): WV Reg. 45-14-1 to 45-14-26

Operating permits: WV Reg. 45-13-1

Major source operating permits:

Title V operating permits: WV Reg. 45-30-1 to 45-30-14

Other state permits:

General permits: WV Reg. 45-13-5.12

Temporary permits: WV Reg. 45-13-11

Other permitting considerations:

Research and development activities: WV Reg. 45-13A-1 to 45-13A-5

Laboratory facilities: WV Reg. 45-13B-1 to 45-13B-5

Emissions banking and trading: WV Reg. 45-28-1 to 45-28-17

Regulatory Agency

West Virginia Department of Environmental Protection (DEP) Division of Air Quality

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia is authorized by the U.S. Environmental Protection Agency (EPA) to administer its own air emissions permit program. West Virginia requires that sources with emissions above established thresholds obtain a construction permit before the construction, modification, or relocation of any stationary source. In addition to general construction permitting requirements, major sources must comply ...


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