Proposed Legislative Rules

2021 Proposed Rules

To read the West Virginia Department of Environmental Protection's 2021 proposed legislative rules in their entirety, click on the corresponding links below. Copies of the rules are also available from the Secretary of State's office.

Division of Air Quality

45CSR16 - Standards of Performance for New Stationary Sources
45CSR18 - Control of Air Pollution from Combustion of Solid Waste
45CSR23 - Control of Air Pollution from Municipal Solid Waste Landfills
45CSR44 - Control of Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a virtual public hearing for its 2021 proposed legislative rules on Tuesday, July 28, 2020 starting at 6 p.m. Members of the public can participate online or listen via telephone. 

If you wish to attend the hearing, you must pre-register by 5 p.m. on Tuesday, July 28, 2020. To register, please complete the participant registration form here: https://apps.dep.wv.gov/daq-register/attend. A confirmation email will be sent to you with information on how to join the hearing. 

If you wish to speak at the hearing, you must pre-register by 5 p.m. on Monday, July 27, 2020. To register, please complete the speaker registration form here: https://apps.dep.wv.gov/daq-register/speak. A confirmation email will be sent to you with information on how to join the hearing. Testimony will be limited to one witness for each organization and each witness will be given five (5) minutes to speak. Video and/or screen sharing will not be permitted.

If you wish to attend and/or speak at the hearing and do not have internet access, please contact Sandie Adkins or Stephanie Hammonds at 304-926-0475 by 5 p.m. by Monday, July 27, 2020.

Oral and written comments will be made part of the rulemaking record. The public comment period begins on June 26, 2020 and ends at the conclusion of the public hearing. Written comments may be submitted at any time during the public comment period. Written comments can be emailed to DEP.Comments@wv.gov with "DAQ 2021 Rule Comments" in the subject line, or sent via U.S. Mail to the attention of Sandra Adkins at the WV Department of Environmental Protection, Division of Air Quality, 601 57th Street SE, Charleston, WV 25304.


Office of Environmental Remediation


The West Virginia Department of Environmental Protection (DEP), Office of Environmental Remediation (OER) has proposed revisions to legislative rule 60 CSR 3 titled “Voluntary Remediation and Redevelopment Rule” for the 2021 legislative session.

60CSR3 - Voluntary Remediation and Redevelopment Rule

A public hearing on the proposed rule has been scheduled for Tuesday, August 11, 2020 at 6 p.m. The public hearing will be held virtually to prevent the spread of COVID-19 in accordance with the Governor’s Safer at Home Order and the WVDEP COVID-19 Policy. Members of the public can participate online or listen via telephone. Instructions for participation in the public hearing are provided below:

The virtual public hearing will be held on the Zoom videoconferencing platform.

Meeting ID:        856 8093 3629
Access Online:        https://us02web.zoom.us/j/85680933629
Access by Phone:    929-205-6099

Both oral and written comments will be made part of the rulemaking record. The public comment period begins on July 7, 2020 and ends at the conclusion of the public hearing on August 11, 2020.

Written comments may be submitted at any time during the public comment period via email to dep.comments@wv.gov with “OER 2021 Rule Comments” in the subject line.

Alternatively, hard copies of comments may be mailed to:

ATTN: Casey Korbini
Office of Environmental Remediation
WV Department of Environmental Protection
131A Peninsula Street, Wheeling, WV 26003

Comments received after the conclusion of the public comment period will not be accepted.

To ensure comments are properly recorded, WVDEP kindly requests that witnesses submit a written copy of their verbal testimony by email to dep.comments@wv.gov.