Air Toxics

Overview

The Division of Air Quality (DAQ) has various rules in place for the control of air toxics. This webpage attempts to provide information on both federal and state regulations pertaining to stationary sources of air toxics in West Virginia (WV). The 1990 Clean Air Act Amendments (1990 CAAA) identified 187 compounds (originally 189 compounds) known as Hazardous Air Pollutants (HAPS) for regulation from both major and minor sources.

Although it has become common practice to use the terms "air toxic" and "hazardous air pollutant" interchangeably, air toxics is a broad term that includes all compounds of some recognized toxicity.

Some HAPs are carcinogenic and/or have noncancer or acute effects; approximately two-thirds of the HAPs are known, probable, or possible human carcinogens. A few HAPS are know to bioaccumate and bioconcentrate in humans and in the environment. All HAPs are not equivalent to one another in toxicity to humans or the environment.

In addition to implementing federal air toxics programs (through 45CSR15 and 45CSR34), the Division of Air Quality addresses HAP emissions from stationary cources in its minor source permitting program (45CSR13), and in an air toxics regulation of limited scope (45CSR27), as well as toxic particulates and metals through 45CSR7.

Rule and Program Applicability to Air Toxics

Overview of State and Federal Rules that may Apply to Air Toxics Emissions
Flowchart to determine applicability

State Rules

45CSR13 Minor New Source Review Permitting
Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, and Procedures for Evaluation
45CSR27 Best Available Technology (BAT)
To Prevent and Control the Emissions of Toxic Air Pollutants
45CSR7 Particulate Emissions from Manufacturing Operations
To Prevent and Control Particulate Air Pollutation from Manufacturing Processes and Associated Operations
45CSR30 Title V Permitting
Requirements for Operating Permits
45CSR30A TItle 45 Interrpretive Rule
Deferral of Non-major and Area Sources From Permitting Requirements

Federal Rules

EPA Technology Transfer Network - Air Toxics Web Site
EPA's Air Toxics website contains a wealth of information, including MACT and GACT fact sheets and brochures
45CSR34 National Emission Standards for Hazardous Air Pollutants (NESHAPs)
Emission Standars for Hazardous Air Pollutants Pursuant to 40CFR61 and 40CFR63
Case-by-Case MACT
Section 2 of 45CSR34
112(j) MACT Hammer Information
112(j) MACT Hammer equivalency by permit documents

Other DAQ Programs

Emissions Inventory
The DAQ's Emissions Inventory Group within the Data and Information Services Group, requires that all non-deferred sources subject to Title V (45CSR30) annually report actual point-by-point emissions, including HAP emissions
Small Business Assistance Program
The DAQ's SBAP provides technical assistance to small businesses including: determination of regulatory applicability; emission calculations; permit determination and application completion; and. referral to other assistance providers for support with water, waste or other environmental issues

Resources

All Known WV Facilities Subject to a MACT or GACT standard for HAPs
WV facilities subject to 40CFR63, sorted alphabetically by MACT and/or GACT.
Natural Gas MACTs Reference Materials for 40CFR63, Subparts HH and HHH
Includes handouts and custody transfer example diagram.
Stationary Reciprocating Internal Combustion Engines (RICE)
Most stationary engines are now subject to at least one federal regulation and must comply with new requirements as well as with state air permitting rules
Area Source Boilers
40 CFR 63, Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial and Institutional Boilers (Area Source Boiler NESHAP) Reference Materials
Diesel Exhaust Emissions
Nationally, US EPA is working to reduce diesel exhaust emissions from many types of sources
112(r) Prevention of Accidental Releases and General Duty Clause
The 1990 Clean Air Act Amendments §112(r) program is designed to prevent accidents and releases through a program of preparedness, response, and prevention