Policies

This page is intended as a way to broadcast information that may be of interest to many sources and applicable to a number of air programs.


  • West Virginia Greenhouse Gases Permitting Guidance

    December, 2010

    The U.S. Environmental Protection Agency (EPA) has identified January 2, 2011 as the date that greenhouse gases (GHG) will become subject to regulation under the federal Prevention of Significant Deterioration (PSD) Permitting Program and the Title V Operating Permit Program [see 75 Federal Register 31514, Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule]. Therefore, DAQ is pursuing non-routine rule changes to our permitting rules 45CSR14 and 45CSR30 to address GHG.

  • Final Corrected Version of Rule 2 and 10 Policy

    July 6, 1998

    This policy of the Office of Air Quality (OAQ) provides guidance and clarification for complying with the reporting and record keeping requirements of 45 CSR 2 and 45 CSR 10 as authorized by the provisions of sections 45-2-8.5 and 45-10-6.5, respectively. A review of existing practices pursuant to these sections has revealed inconsistent and inadequate reporting. All affected sources are not reporting and often an affected source may have requirements beyond those needed to establish compliance. The guidance contained herein will provide consistency among affected sources and assure quality data for OAQ enforcement studies.

  • Policy Regarding Emission Factor Usage for the Coal Industry

    August, 2001

    In a continuing effort to ensure accuracy and consistency within all Division of Air Quality (DAQ) programs, the following interpretation is offered as a clarification of coal crushing and screening emission factors. The emission factors used by the coal industry are critical for the determination of not only program applicability, but also fiscal responsibilities of corporate citizens.

  • Procedures for Incoming Permit Applications 48-Hour Response

    January, 2002

    48-Hour Response Policy - Procedures for Incoming Permit Applications. This includes Rule 13 Administrative Update, Construction, Modification, Relocation, Temporary and General Permits)

  • Policy Regarding Permit Processing Under 45CSR13

    November, 2002

    It is the Division of Air Quality's prolicy to process permit applications under 45CSR13 in an expeditious manner while ensuring compliance with all applicable laws, rules, and regulations. This policy, while setting forth the regulatory time periods aplicable to processing permit applications under 45CSR13, also provides guidelines for time estimates applicable to each step of the permitting process.

  • Clarification of Permitting Requirements for Sources Subject to NSPS Subpart Y or Subpart OOO

    Revised: May 10, 2011

    In a continuing effort to ensure accuracy and consistency within all Division of Air Quality (DAQ) programs, the following clarification of 45CSR13 (Rule 13) permitting requirements for coal preparation and processing plants or non-metallic minerals processing plants has been provided. This document is intended to set forth the permitting requirements for the majority of situations involving these types of sources. It is recommended that a source contact the NSR permitting group for guidance if a specific circumstance does not appear to be covered by this document.

  • Policy for Potential-to-Potential Netting Under Rule 13

    June, 2006

    The following will outline a policy to allow for potential-to-potential (PtP) emissions netting under 45CSR13. The purpose of PtP netting under 45CSR13 is to allow proposed modifications at existing facilities to be reviewed as a Class 1 or Class 2 Administrative Update (A/U) when the net increase of the proposed modification - taking into account other creditable and enforceable decreases in potential emissions at the facility - is below zero or below the modification threshold, respectively. This policy only addresses changes to the applicability of modifications to various review classifications and does not address the applicability of new constructions or have any effect on the permit determination process.

  • Policy for Permitting Low-Emitting Sources

    June, 2006

    In order to alleviate burdensome and unneeded requirements relating to the permitting of low emitting sources, the DAQ is presenting the following general and source-specific policy relating to the permitting of emission limits and associated MRR from certain low emitting sources. This policy is to be applied on a case-by-case basis and may be trumped by permitting situations including, but not limited to, synthetic minors.

  • Rule 13 Guidance for Poultry Incinerators

    July, 2006

    The following will outline 45CSR13 (Rule 13) permit guidance for commercially-manufactured poultry incinerators that incinerate only poultry using pipeline-quality natural gas or propane. The West Virginia Department of Agriculture has in the past expressed a need for poultry farmers in West Virginia to own and/or operate a poultry incinerator to dispose of the normal mortality of poultry. This need arises by virtue of the on-going threat of Avian Influenza (AI) and other contagious diseases. This is a common-sense precaution against potential contamination. The emissions of the commercially-manufactured poultry incinerators addressed in this Guidance are far below the permitting thresholds of 6 pounds per hour and 10 tons per year or 144 pounds per day of regulated air pollutants outlined in 45CSR13. This Guidance only appliesto commercially- manufactured poultry incinerators that incinerate only poultry usingpipeline-quality natural gas or propane.

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