West Virginia Hazardous Air Pollutants regulations & environmental compliance analysis

West Virginia Hazardous Air Pollutants: What you need to know

Governing Law and Regulations

National Emissions Standards for Hazardous Air Pollutants (NESHAP): 40 CFR 61, 40 CFR 63, and West Virginia Regulations (WV Reg.) 45-34-1 to 45-34-7

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Unadopted Maximum Achievable Control Technology (MACT) standards: WV Reg. 45-34-4

Air toxics: WV Reg. 45-27-1 to 45-27-13

Definitions: WV Reg. 45-27-2

Control and monitoring: WV Reg. 45-27-3 to 45-27-7

Registration and permitting: WV Reg. 45-27-8 and WV Reg. 45-27-9

Recordkeeping and reporting: WV Reg. 45-27-10

Regulatory Agencies

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

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia has adopted by reference the National Emissions Standards for Hazardous Air Pollutants (NESHAPs), including the source-specific NESHAPs, also known as maximum achievable control technology (MACT) standards. However, West Virginia has opted not to adopt by reference select MACT standards, which are listed under UNADOPTED MACT STANDARDS in this section. In addition, there is a state program to prevent the discharge of toxic air pollutants by requiring the application of the best available technology (BAT) for controlling toxic emissions.

Administration and enforcement. West Virginia DEP's Division of Air Quality administers and enforces the adopted NESHAPs and the state toxic air pollutant regulations. EPA administers and enforces the unadopted MACT standards.

State Requirements


WV Reg. 45-34-4

The following MACT standards are not adopted by reference into the West Virginia ...

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