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Number
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Title
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Stringency
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Comments
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office of Abandoned Mine Lands
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59-1
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Abandoned Mine Lands Reclamation Rule
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No
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This rule follows the parameters established in its federal counterpart regulation.
Federal Counterpart Regulation: 30 CFR Parts 870 and 872
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division of Air Quality
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45-1
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Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations
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No
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This rule follows the parameters established in its federal counterpart regulation.
Federal Guidance: The EPA explicitly details SSM policy as guidance in the Federal Register as a final regulation at 80 Fed. Reg. 33840 (June 12, 2015) that was used to develop this rule.
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45-2
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To Prevent and Control Particulate Air Pollution from Combustion of Fuel in Indirect Heat Exchangers
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No
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This rule was part of the original State Implementation Plan (SIP) package in 1972. This rule is a “backstop” for existing sources not subject to federal standards.
The opacity limit is more stringent than similar federal regulations, unless an alternative limit is approved per section 3.2 and 3.3, because West Virginia was not in attainment with the 1971 health based Total Suspended Particulate (TSP) National Ambient Air Quality Standards (NAAQS), and these limits were required to bring the State into attainment. Although there are instances where the particulate matter (PM) limit appears to be more stringent in the State rule, the test method in the appendix of the State rule does not capture condensable PM, since the sample is at the temperature of the exhaust stack and not a lower temperature.
Similar Federal Regulation: While there is no federal counterpart regulation to 45-2, there are federal regulations that may apply to the same sources: New Source Performance Standards (NSPS) of 40 CFR Part 60, subparts D (fossil fuel fired steam generators); Da (electric utility steam generating units); Db (industrial commercial institutional steam generating units); Dc (small industrial commercial institutional steam generating units)
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45-3
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To Prevent and Control Air Pollution from the Operation of Hot Mix Asphalt Plants
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No
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This rule was part of the original SIP package in 1972 and follows the parameters of its federal counterpart regulation.
Similar Federal Regulation: NSPS subpart I
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45-5
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To Prevent and Control Air Pollution from the Operation of Coal Preparation Plants, Coal Handling Operations and Coal Refuse Disposal Areas
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No
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This rule was part of the original SIP package in 1972 and follows the parameters of its federal counterpart regulation.
Similar Federal Regulation: NSPS subpart Y
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45-7
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To Prevent and Control Particulate Matter Air Pollution from Manufacturing Processes and Associated Operations
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No
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This rule was part of the original SIP package in 1972. This rule is a “backstop” for existing sources not subject to federal standards.
West Virginia was not originally in attainment with the 1971 TSP NAAQS, 1997 PM, and 2006 PM2.5. There were six 1997 PM2.5 maintenance areas and two 2006 PM2.5 maintenance areas.
Similar Federal Regulation: Several dealing with opacity limits for manufacturing processes.
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45-07A
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Compliance Test Procedures for 45CSR7 – “To Prevent and Control Particulate Matter Air Pollution from Manufacturing Processes and Associated Operations”
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No
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This companion rule to 45-7 establishes test procedures in accordance with the method(s) established by EPA.
Similar Federal Regulation: Method 303
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45-8
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Ambient Air Quality Standards
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No
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This rule incorporates by reference its federal counterpart.
Federal Counterpart Regulation: 40 CFR Parts 50 and 53
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45-10
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To Prevent and Control Air Pollution from the Emission of Sulfur Oxides
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No
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This rule was part of the original SIP package in 1972. This rule is a “backstop” for existing sources not subject to federal standards.
Similar Federal Regulation: While there is no federal counterpart to this rule, there are federal regulations that may apply to the same sources: New Source Performance standards (NSPS) of 40 CFR Part 60, Subparts D (fossil fuel fired steam generators); Da (electric utility steam generating units); Db (industrial commercial institutional steam generating units); Dc (small industrial commercial institutional steam generating units); J and Ja (petroleum refineries)
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45-11
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Prevention of Air Pollution Emergency Episodes
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No
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Although provisions were added for coal and wood stoves in Table 2 and Table 3 that were not listed in Appendix L, the State rule is not more stringent; Appendix L provides only examples of emission control actions.
Similar Federal Regulation: 40 C.F.R. Part 51, Subpart H
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45-14
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Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality
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No
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This rule adopts language from its federal counterpart.
Federal Counterpart Regulation): 40 CFR § 51.166
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45-16
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Standards of Performance for New Stationary Sources
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No
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This rule incorporates by reference its federal counterpart, with limited exception.
Federal Counterpart Regulation: 40 CFR Parts 60 and 65
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45-18
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Control of Air Pollution from Combustion of Solid Waste
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No
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This rule incorporates by reference its federal counterparts for new sources and adopts the language from its federal counterparts for existing sources.
Federal Counterpart Regulation: 40 CFR Part 60, Subparts Eb, Ec, AAAA, CCCC, EEEE, and LLLL
Federal Guidance: 40 CFR Part 60, Subpart Ce and DDDD
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45-19
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Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas
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No
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This rule adopts the language from its federal counterpart.
Federal Counterpart Regulation: 40 CFR §51.165
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45-20
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Good Engineering Practice as Applies to Stack Heights
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No
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This rule adopts by reference its federal counterpart regulation.
Federal Counterpart Regulation: 40 CFR Part 51
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45-21
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Regulation to Prevent and Control Air Pollution from the Emission of Volatile Organic Compounds
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No
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This rule is part of a federally approved maintenance plan and applies only to sources located in Cabell, Kanawha, Putnam, Wayne, and Wood Counties, because those areas were not in attainment with the 1979 ozone NAAQS, and VOCs are a precursor to ozone. The agency submitted this Rule as part of its control plan in 1994 to establish attainment in those areas. Rule 21 is a “backstop” for existing sources in those designated counties not subject to federal standards.
Similar Federal Regulation: While there is no federal counterpart regulation to 45-21, there are approximately 40 federal regulations that may address the source categories subject to this rule.
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45-23
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To Prevent and Control Emissions from Municipal Solid Waste Landfills
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No
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This rule incorporates by reference its federal counterparts for new sources and adopts the language of its federal counterparts for existing sources.
Federal Counterpart Regulation: 40 CFR Part 60, Subparts WWW and XXX
Federal Guidance: 40 CFR Part 60, Subparts Cc and Cf
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45-25
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Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities
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No
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This rule adopts and incorporates by reference, with limited modification, its federal counterparts.
Federal Counterpart Regulation: 40 CFR Parts 260, 261, 262, 264, 265, 266, 270, and 279
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45-30
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Requirements for Operating Permits
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No
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This rule follows the parameters of its federal counterpart.
Federal Counterpart Regulation: 40 CFR Part 70
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45-31
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Confidential Information
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No
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This rule establishes the requirements for claiming information submitted to the Secretary as confidential and the procedures for determinations of confidentiality in accordance with the provisions of W. Va. Code § 22-5-10. A federal counterpart to this rule does not exist; however, the criteria for use in confidentiality determinations at 40 CFR § 2.208 and special rules dealing with certain information at 40 CFR § 2.301 have been incorporated into this rule.
Similar Federal Regulation: 40 CFR Part 2, Subpart B
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45-31B
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Confidential Business Information and Emission Data
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No
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This rule establishes the requirements for claiming information submitted to the Secretary as confidential and the procedures for determinations of confidentiality in accordance with the provisions of W. Va. Code § 22-5-10. A federal counterpart to this rule does not exist; however, the criteria for use in confidentiality determinations at 40 CFR § 2.208 and special rules dealing with certain information at 40 CFR § 2.301 have been incorporated into this rule.
Similar Federal Regulation: 40 CFR Part 2, Subpart B
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45-33
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Acid Rain Provisions and Permits
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No
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This rule incorporates by reference its federal counterpart.
Federal Counterpart Regulation: 40 CFR Parts 72, 74, 75, 76, and 77
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45-34
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Emission Standards for Hazardous Air Pollutants
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No
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This rule incorporates by reference its federal counterpart.
Federal Counterpart Regulation: 40 CFR Parts 61, 63 and 65, to the extent referenced in 40 CFR Parts 61 and 63
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45-35
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Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans
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No
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This rule incorporates by reference its federal counterpart.
Federal Counterpart Regulation: 40 CFR Part 93, Subpart B
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45-36
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Requirements for Determining Conformity of Transportation Plans, Programs, and Projects Developed, Funded or Approved under Title 23 USC or the Federal Transit Laws, to Applicable Air Quality Implementation Plans
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No
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This rule incorporates by reference its federal counterpart.
Federal Counterpart Regulation: 40 CFR Part 93, Subpart A
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45-38
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Provisions for Determination of Compliance with Air Quality Rules
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No
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This rule follows the parameters established in the federal SIP call.
Federal Guidance: This rule was promulgated in response to a 1994 SIP Call issued by EPA to comply with the enhanced monitoring requirements established in §§ 110(a)(2)(A), (C), and (F), 113(a) and (e), and 114(a)(3) of the Clean Air Act.
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45-40
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Control of Ozone Season Nitrogen Oxide Emissions
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No
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This Rule establishes the budget set up in the NOx SIP Call for non-electric generating units.
Federal Guidance: 40 CFR Parts 51.121, 52 96, and 97
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division of Land Restoration
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None
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division of Mining & Reclamation
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38-2
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West Virginia Surface Mining Reclamation Rule
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Yes
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Please see attached PDF.
Federal Counterpart Regulation: 30 CFR Parts 700 – 702, 705, 707, 710, 715, 716, 722 – 724, 730 – 733, 735, 762, 764, 769, 772 – 780, 785, 795, 800, 810, 815, 816, 819, 824, 827, 828, 840, and 845 – 847
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47-30
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WV/NPDES Rules for Coal Mining Facilities
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No
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This rule follows the parameters established in its federal counterpart regulation.
Federal Counterpart Regulation: 40 CFR Part 122
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47-30B
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Administrative Proceedings and Civil Penalty Assessment
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No
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This rule follows the parameters established in its federal counterpart regulation.
Federal Counterpart Regulation: § 309(g) of the Clean Water Act (33 USC § 1319(g))
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199-1
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Surface Mining Blasting Rule
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Yes
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The restrictions on distance limits from the blasting site to adjacent structures is more stringent in West Virginia than the federal counterpart regulation requires. West Virginia requires blasting no closer than seven-tenths of a mile from the site of the blast or one-half mile from the permit boundary. This is because studies conducted by the agency in 2001 showed that blasting damage occurred past the federal standard of one-half mile past the permit boundary.
Federal Counterpart Regulation: 30 CFR Part 816-61 – 816.68
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office of Oil & Gas
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None
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