Proposed Legislative Rules

2022 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

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2022 proposed legislative rules on Tuesday, July 6, 2021 starting at 6 p.m. at WVDEP Headquarters in Charleston, W.Va. Members of the public can also participate online or listen via telephone.

If you wish attend the hearing in-person, the hearing will be held in the Coopers Rock Conference Room at WVDEP Headquarters located at 601 57th St. S.E., Charleston, WV 25304. The room is located in the rear of the building and parking is available.

To participate online or by telephone, registration is required by 5:00 p.m. on Tuesday, July 6, 2021. To register, please complete the participant registration form at To register to speak, please indicate “yes” you want to provide oral comments on the record when you register with the previously provided link. A confirmation e-mail will be sent with information on how to join the public hearing. If you do not have internet access and want to register, please contact Sandie Adkins or Stephanie Hammonds at (304) 926-0475. Registration for the online hearing is required to fulfill the state’s obligation under federal air quality regulations to include a list of participants.

If you wish to speak at the public hearing, verbal testimony is limited to 5 minutes for each witness. If participating virtually, video demonstrations and screen sharing by witnesses is not permitted.

Both oral and written comments will be made part of the rulemaking record. The public comment period begins on June 4, 2021 and closes at the end of the public hearing on July 6, 2021. Written comments may be submitted at any time during the public comment period.

Written comments may be submitted via email to with "Proposed DAQ 2022 Rule Comments" in the subject line, or by mailing a hard copy of the comments to the attention of Sandra Adkins
at the WV Department of Environmental Protection, Division of Air Quality, 601 57th Street SE, Charleston, WV 25304.