West Virginia New Source Review regulations & environmental compliance analysis

West Virginia New Source Review : What you need to know

Governing Law and Regulations

Nonmajor source construction permits: West Virginia Regulations (WV Reg.) 45-13-1 to 45-13-16, WV Reg. 45-13A-1 to 45-13A-5, and WV Reg. 45-13B-1 to 45-13B-5

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Nonattainment New Source Review (NSR): WV Reg. 45-19-1 to 45-19-25

Nonattainment areas: 40 CFR 81.349

Prevention of Significant Deterioration (PSD): WV Reg. 45-14-1 to 45-14-26

Class I Areas: WV Reg. 45-14-5 and 40 CFR 81.435

Public notice and comment: WV Reg. 45-14-17, WV Reg. 45-14-18, WV Reg. 45-19-15, and WV Reg. 45-19-16

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 requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area in which the source is located and the type and quantity of air pollutants emitted.

West Virginia currently has several counties that are in nonattainment of one or more of the National Ambient Air Quality Standards (NAAQS). Therefore, both the provisions of nonattainment NSR and PSD are applicable in the state. West Virginia has adopted regulations that follow the current federal requirements for nonattainment NSR and PSD, with additional requirements for fugitive emissions. See the national section NEW SOURCE REVIEW for more information on NSR and PSD, ...

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