Governing Law and Regulations
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, ...