Jesse D. Adkins, Engineer Senior
West Virginia Department of Environmental Protection
Division of Air Quality
601 57th Street, SE
Charleston, WV 25304
Phone: (304) 926-0499 x41241
Fax: (304) 926-0479
Email: Jesse.D.Adkins@wv.gov
 

Shirley Stull, Secretary 1
West Virginia Department of Environmental Protection
Division of Air Quality
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 333-0199
Fax: (304) 368-3959
Email: Shirley.A.Stull@wv.gov
 

Jacob Rhodes, Environmental Inspector
West Virginia Department of Environmental Protection
Division of Air Quality
601 57th Street, SE
Charleston, WV 25304
Phone: (304) 926-0499 x41116
Fax: (304) 926-0479
Email: Jacob.K.Rhodes@wv.gov
 

Emissions testing is often required of facilities in West Virginia. The requirement can arise from a condition of a Division of Air Quality (DAQ) rule, a DAQ permit, or by order of the DAQ Director. Two common types of emission tests are the measurement of a pollutant discharged from a process stack or an observation of opacity.  

To ensure that valid and appropriate data is obtained from the test, a protocol describing how the test will be conducted and how the source will be operated must be submitted to the DAQ at least 30 days (or more) prior to the anticipated test date. Notice of the actual test date must be submitted at least 15 days (or more) prior to that date. Most DAQ issued permits describe these notification requirements in the General Conditions section.  

The protocol and notice must be submitted in writing to: 

Director
West Virginia Department of Environmental Protection
Attn: Performance Testing
601 57th St. SE
Charleston, WV 25304  

To facilitate this process, the DAQ has developed guidance and forms for submission of protocols. These documents are available for download or from the contacts listed below.  

For most tests, the DAQ does not specify the manner in which a report must be presented. This has led to the submission of incomplete reports and failure of the report to address all compliance terms or conditions, thereby increasing the time necessary for regulatory review.  

To address these issues, the DAQ is now requiring the information listed below to be included with the report. This requirement is made under the authority of WV Code §22-5-4. A performance/stack test report shall include the following:  

1. A certification of data accuracy, signed by a responsible official.
2. A certification of compliance status, signed by a responsible official.
3. A summary of conditions which form the basis for the compliance evaluation. The summary shall include the following:
   1. The permit or rule condition(s) evaluated, with citation number and language
      e.g. Emission limit, operational scenario, monitoring parameter(s)
   2. The result of the test for each permit or rule condition.
   3. a statement of compliance or noncompliance for each permit or rule condition.

Examples of a Certification of Data Accuracy, a Certification of Compliance Status, and a summary page are available for download or from the contact listed below. An instruction sheet for completing the summary page is also available.  

Note that U.S. EPA has developed the Electronic Reporting Tool (ERT) for submission of protocols and test results. The ERT can be used with a number of USEPA test methods. The ERT is available from the USEPA . At this time the DAQ cannot accept the ERT via electronic mail. To submit a protocol and subsequent test report using the ERT, provide the information on a compact disk. A signed cover letter must accompany the compact disc.  

Contact Us

Rebecca Johnson, Technical Analyst
West Virginia Department of Environmental Protection
Division of Air Quality
601 57th Street, SE
Charleston, WV 25304
Phone: (304) 926-0499 x41267
Email: Rebecca.H.Johnson@wv.gov  

It's the law: 45CSR6 Control of Air Pollution from Combustion of Refuse 

Open air burning is a sort of tradition but every time we burn outdoors, we contribute to air pollution in our area. Whether it's waste from yards, home, businesses, or land-clearing, it all adds up to unhealthy air.  

• 45CSR6 Control of Air Pollution from Combustion of Refuse
• Open Burning Brochure

Materials Illegal to Open Burn

• Household trash (burn barrels and/or piles) including paper products - such as cardboard, boxes, etc.
• Construction, building, or demolition materials (examples: lumber, flooring, roofing material, carpet, plastic, Styrofoam, etc.)
• Wood pallets and other packaging materials
• Tires or other rubber products
• Asbestos-containing materials including building materials
• Insulation from copper wire
• Waste paints, waste oil, or solvents

Exceptions

Certain kinds of open burning are still allowed if it doesn't create a nuisance and if it is not prohibited by local ordinances. These types of fires are allowed:  

• Vegetation (leaves, branches and other vegetative matter) grown on the premises of a home or farm.
• Campfires and outdoor barbecues
• DAQ approved open burning of land clearing debris described in this pamphlet
• DAQ approved fire training as described in this pamphlet

Violations

If in violation of the open burning law, 45CSR6, refusal to comply may result in a Notice of Violation and/or a fine of up to $10,000 a day. 

Approval to Conduct Open Burning for Land Clearing Debris Forms

Vegetative material generated by clearing of land for purposes of preparation for development, construction, mining or other such activity may be open burned provided there is no practical alternative disposal method. Non-vegetative (ex. construction debris) material is not considered land clearing debris. Pitburners should be used whenever practical and may be required in non-rural areas. Additionally, you must complete an Approval to Conduct Open Burning Form for Land Clearing Debris form and receive written approval from DAQ.  

Guidelines

• Must be thoroughly dried at least 10 days and piled to promote combustion
• No trunks, limbs or stumps over eight (8) inches in diameter (before splitting)
• Conducted during daylight hours, which requires the size of burn piles to be small enough to burn out before dark
• Fires must be completely extinguished and not allowed to smolder at night
• All fires must be surrounded by a 10-foot clearing to prevent escape to potential combustible materials
• Never leave fires unattended, and keep a shovel and water source nearby
• Health, safety, comfort and property of neighbors are protected from the effects of such burning

Forms

• Approval to Conduct Open Burning Form for Land Clearing Debris
• Charleston Office
  Email completed form to Leslie.K.Cooper@wv.gov and Amelia.C.Fowler@wv.gov
• Fairmont
  Email completed form to Brian.S.Tephabock@wv.gov and Shirley.A.Stull@wv.gov
• Romney
  Email completed form to Joseph.A.Kreger@wv.gov, Christopher.P.Scanlan@wv.gov, and Sharon.M.Seevers@wv.gov
• Wheeling
  Email completed form to Eric.N.Blend@wv.gov and Sharon.M.Seevers@wv.gov

Be a Good Neighbor

It is never legal to impact your neighbors with smoke, ash or odors. Always consider the time of day, proximity to others, type of material, wind direction and other weather conditions such as air stagnation.  

Not the Same Ol' Trash

Burning household waste is a serious threat to public health and the environment. Toxic chemicals, including dioxins, are produced when household waste is burned. One household burn barrel emits more dioxin than a municipal waste incinerator serving thousands of homes. Burning of debris can cause another problem ... Forest Fires.  

Reduce, Reuse, Recycle

Many items that are burned in a trash pile or burn barrel can often be recycled. Newspapers, glass, cardboard and many plastics can be recycled. Grass clippings and leaves are ideal to add to a compost pile. Your old attic junk could be given away for someone else to reuse. Check in the back of your local telephone directory for recycling information and sites in your area.  

Free Local Landfill Garbage Collection Days

West Virginia's Municipal Sanitary Waste Landfills are required to have free monthly household garbage "dump" days.  

Overview

The section also handles citizen complaints involving dust, fallout, odor problems, and open burning. In many instances the ability to satisfactorily handle a citizen’s concern regarding an air pollution issue is based upon immediate notification to the DAQ that a problem is being experienced and the ability to rapidly respond to the complaint.  

Quite often, notification is too late to allow an inspector to observe and document the alleged violation, or our inspectors are not immediately available due to the fact that they are already involved in another compliance and/or enforcement related issue.  

To file a complaint with the Division of Air Quality about an alleged air pollution issue, you may do so by US Mail, phone, fax, or email.  

Contact Us or Report a Complaint

West Virginia Department of Environmental Protection
Division of Air Quality
Compliance and Enforcement Section
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0475
Fax: (304) 926-0479
Email: Leslie.K.Cooper@wv.gov