Permitting

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Overview

The West Virginia Department of Environmental Protection (WVDEP) is a regulatory agency charged with protecting our State’s air, land, and water. To do this, the WVDEP issues permits to ensure that the environmental health, integrity, and beauty of West Virginia is maintained.

The WVDEP issues permits for all types of facilities and activities so that releases into the air, water, and soil are within acceptable standards. Compliance with these permits ensures the applicant is adhering to all state and federal environmental laws and minimizing their impact on the environment.

Additionally, the WVDEP’s permitting process allows for public notice and input, so that citizens can stay informed of activities in their communities.

Contact Us

West Virginia Department of Environmental Protection
Charleston Headquarters
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499
Fax: (304) 926-0446
Contact Our Offices


Explore Permitting Guidance and Resources:

Overview

The Division of Air Quality (DAQ) oversees the permit program established under the State’s Air Pollution Control Act. DAQ reviews applications, determines permit applicability, and issues permits for both minor and major emission sources.

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Contact Us

West Virginia Department of Environmental Protection
Division of Air Quality
601 57th Street SE
Charleston, WV 25304

Phone: (304) 926-0475
Fax: (304) 926-0479
Director: Laura Crowder

Contents

West Virginia's actions due to U.S. EPA's Affordable Clean Energy (ACE) Rule.

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West Virginia's permit program includes review of applications, determination of permit applicability and issuance of permits for both minor and major sources. Minor sources are primarily permitted under the minor source rule found at 45CSR13. Major sources are primarily permitted under the new source review rules found at 45CSR14 and 45CSR19. Major sources are issued operating permits under the authority of 45CSR30 (Requirements for Operating Permits) which is the implementing rule of Title V of the 1990 Federal Clean Air Act Amendments. Title IV Acid Rain permits are issued under the authority of the Clean Air Act.

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NSR Permitting

Bev McKeone, Program Manager
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41280
Email: Beverly.D.McKeone@wv.gov

Title V Permitting

Carrie McCumbers, Program Manager
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41278
Email: Carrie.McCumbers@wv.gov

Information on Certificate to Operate (CTO) and Certified Emission Statement (CES) annual fees.

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Pam Kindrick, Fee Program Coordinator
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41272
Email: AirQualityFees@wv.gov

The Emission Trading Program, pursuant to 45CSR28, "Air Pollutant Emissions Banking and Trading", began in August 2000 and trades in all criteria pollutants except ozone.  

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Robert "RA" Mullins
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41286
Email: Robert.A.Mullins@wv.gov

This section regulates air emissions from facilities that treat, store and dispose of solid and hazardous waste from hazardous waste combustion, thermal treatment, and air emission standards for equipment vents, equipment leaks, and for tanks, containers and surface impoundments.

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Richard Boehm, Engineer
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41914
Email: Richard.A.Boehm@wv.gov

Joshua Woody, Engineer
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x41246
Email: Joshua.M.Woody@wv.gov

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

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The Division of Air Quality's Small Business Assistance Program provides technical assistance to small businesses including: determination of regulatory applicability, emission calculations, permit determination and application completion, and referral to other assistance providers for support with water, waste or other environmental issues.

Overview

The WVDEP promotes compliance with laws, regulations, and permit conditions by utilizing administrative, civil, and criminal enforcement procedures.

The WVDEP’s Environmental Enforcement division (EE) primarily enforces the State’s Solid Waste Management, Water Pollution Control, Groundwater Protection, Hazardous Waste Management, Underground and Aboveground Storage Tank, and Dam Safety Acts.

The Division of Mining and Reclamation (DMR) assures compliance with program requirements and mandates by the federal Office of Surface Mining Reclamation and Enforcement (OSMRE) and the WVDEP.

The Division of Air Quality (DAQ) enforces applicable sections of the federal Clean Air Act of 1990 and implements regulations contained in the Code of Federal Regulations.

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Contents

The Tanks Unit within Environmental Enforcement under the Division of Water and Waste Management is comprised of Corrective Action and Prevention staff covering both aboveground (AST) and underground (UST) storage tanks.

Senate Bill 373, containing the Aboveground Storage Tank Act §22-30 and the Public Water Supply Protection Act §22-31, officially took effect on June 6, 2014. The bill requires an inventory and registration of aboveground storage tanks, the submittal of spill prevention response plans, and certified inspections of tanks.

In the event of a spill or emergency, immediately contact 1-800-642-3074

Responsible for assuring that those facilities which are subject to air pollution control requirements mandated by the West Virginia Code and implementing Legislative Rules, or by applicable sections of the federal Clean Air Act of 1990 and implementing regulations contained in the Code of Federal Regulations, comply with the emission limits placed on the facility through either a permit or a registration process.

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In West Virginia, the Division of Air Quality is the agency which enforces the federal Asbestos NESHAP rule (40 CFR 61 Subpart M). Since asbestos is recognized as a hazardous substance linked to asbestosis, mesothelioma and lung cancer, EPA promulgated the Asbestos NESHAP rule to control emission of asbestos fibers to the ambient air. This rule has specific requirements which apply to renovation and demolition activities at affected "facilities." As applied to the rule, a facility is any institutional, commercial, public, industrial or residential structure, installation or building.

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The mission of the Dam Safety Section is to protect lives and property from the danger of a dam failure. Public safety is accomplished by ensuring that dams are constructed, rehabilitated, maintained, operated, or removed in a safe manner.

In the event of a dam emergency, immediately contact 1-800-642-3074

Contact Us

Delbert Shriver, Program Manager
2031 Pleasant Valley Road
Fairmont, WV 26554
Phone: (304) 368-3955 x49751
Fax: (304) 368-3953
Email: Delbert.G.Shriver@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.

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Rebecca Johnson, Technical Analyst
601 57th Street, SE
Charleston, WV 25304
Phone: (304) 926-0499 x41267
Email: Rebecca.H.Johnson@wv.gov

The hazardous waste (HW) section with Environmental Enforcement promotes compliance by providing assistance and/or enforcing regulatory requirements of hazardous waste generators and hazardous waste treatment, storage and disposal facilities. HW continually works to advance the safe management of hazardous waste to protect human health and the environment.

In the event of a spill or emergency, immediately contact 1-800-642-3074

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Related Programs

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" and receive written approval from DAQ.

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The Tanks Unit within Environmental Enforcement under the Division of Water and Waste Management is comprised of Corrective Action and Prevention staff covering both aboveground (AST) and underground (UST) storage tanks.

The purpose of DEP's Underground Storage Tank (UST) Section is to regulate underground storage tanks that contain petroleum or hazardous substances to determine compliance with state rules and federal regulations. West Virginia has had full program approval from EPA since February 1988.

In the event of a spill or emergency, immediately contact 1-800-642-3074

The Water and Waste (WW) section within Environmental Enforcement promotes compliance by providing assistance and / or enforcing permit conditions required of municipalities, solid waste facilities, industry and the public.  WW continually works to advance to lawful management of solid waste and wastewater.

In the event of a spill or emergency, immediately contact 1-800-642-3074

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Overview

The WVDEP is a regulatory agency under the executive branch of state government that is responsible for enforcing all state and federal environmental laws. Rules under the category of Environmental Protection can be found on the West Virginia Secretary of State website, or under Chapter 22 of the West Virginia Code.

Although the WVDEP reports to the Governor, the agency must adhere to decisions made by the boards and commissions listed below:

  • Air Quality Board: A quasi-judicial Board of review responsible for hearing appeals regarding the issuance or denial of permits, permit conditions, or enforcement decisions rendered by the WVDEP’s Division of Air Quality.
  • Environmental Quality Board: A quasi-judicial board of review responsible for hearing appeals regarding the issuance or denial or permits, permit conditions, or enforcement decisions rendered by the WVDEP’s Division of Water and Waste Management.
  • Oil & Gas Conservation Commission: Regulates the drilling of deep wells, approves drilling permits and conducts hearing on matters relating to the exploration for or production of oil and gas from deep wells.
  • Surface Mine Board: Hears appeals regarding the issuance or denial of permits, permit conditions, notices of violations for alleged violation of law or regulations by the WVDEP’s Division of Mining and Reclamation.

Notice

All copies of rules and laws on this website are for informational purposes only and are not to be used as the official copy of the rule. Offical copies of rules can be obtained from the WV Secretary of State's Office.

Office of the Secretary of State
Building 1, Suite 157K
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-6000

By Division

  • Air Toxics

    The Division of Air Quality (DAQ) has various rules in place for the control of air toxics.  This webpage attempts to provide information on both federal and state regulations pertaining to stationary sources of air toxics in West Virginia.

  • Regulations

    Links to Division of Air Quality state rules and federal regulations.

  • Summary of Rules

    A summary of Division of Air Quality state rules and links.

  • Environmental Enforcement Rules and Laws

    Water and Waste promotes compliance by providing assistance and/or enforcing permit conditions required of municipalities, solid waste facilities, industry and the public. It works to advance the lawful management of solid waste and wastewater. It primarily enforces the WV Solid Waste Management Act (Chapter 22-15), the WV Water Pollution Control Act (CSR 22-11), and the WV Groundwater Protection Act (Chapter 22-12); and the regulations promulgated thereunder: CSR47-02, 10, 11, 58 and 59 and CSR33-1, 2, 3, 4, 5, 7, 8 and 9.

  • Hazardous Waste Rules and Regulations

    Hazardous Waste Management Program Rules and Regulations

  • State Rules Regarding Water Resources

    State rules surrounding and related to the Water Resources Protection and Management Act

  • State Rule & Law Regarding Dams

    Covers WV Code Chapter 22, Article 14 "Dam Safety Control Act" as well as WV Rule 47CSR34.

  • Water and Waste Regulations

    WVDEP’s Division of Water and Waste promotes compliance by providing assistance and/or enforcing permit conditions required of municipalities, solid waste facilities, industry and the public. It works to advance the lawful management of water resources and waste management.

Overview

The Division of Mining and Reclamation (DMR) assures compliance with the West Virginia Surface Mining and Reclamation Act and other applicable state laws and rules.

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Contact Us

West Virginia Department of Environmental Protection
Division of Mining & Reclamation
601 57th Street SE
Charleston, WV 25304

Phone: (304) 926-0490
Fax: (304) 926-0456
Acting Director: Jonathan Rorrer

Contents

DMR policies and forms pertaining to blasting activities as well as study and training materials for blaster certification.

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The Department of Mining and Reclamation handbooks are provided for a comprehensive guide to understanding the processes of our various departments. They are basically administrative in nature; however, they also establish procedures, included technical information, interpretations, and/or memorandums.

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Archive of policies set forth by the Division of Mining and Reclamation.

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This guidance document assists WVDEP permit writers in developing site-specific NPDES permit conditions for surface coal mining operations using a holistic watershed monitoring approach through the use of biological and chemical monitoring, whole effluent toxicity (WET) testing, and the development of Aquatic Ecosystem Protection Plans (AEPP) and, where necessary, Adaptive Management Plans (AMP) to protect the state’s narrative water quality standards.

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DMR training material archive as well as published studies and investigations related to mining activities in West Virginia.

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Overview

The Office of Oil and Gas (OOG) monitors and regulates all actions related to the exploration, drilling, storage, and production of oil and natural gas in West Virginia.

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Contact Us

West Virginia Department of Environmental Protection
Office of Oil and Gas
601 57th Street SE
Charleston, WV 25304

Phone: (304) 926-0450
Fax: (304) 926-0452
Chief: James Martin

Contents

The 2018 session of the West Virginia Legislature passed HB 4270, bringing new production reporting requirements for horizontal wells, as described in W. Va. Code § 22-6-22(f).

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This page provides information about permitting activity related to horizontal well development which falls under the Natural Gas Horizontal Well Control Act. The Act defines a horizontal well as “any well site, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads, or utilizes more than two hundred ten thousand gallons of water in any thirty day period.” .

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The passage of the Natural Gas Horizontal Well Control Act has mandated a process for the registration and approval of centralized natural gas drilling impoundments and pits. This page will provide assistance and guidance on the implementation of this legislation.

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An archive and schedule of workshop presentations presented by the Office of Oil and Gas.

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Effective August 29, 2011, West Virginia Code of State Rules § 35-8 mandates that all horizontal well permit applications submitted to the Office of Oil and Gas include a Water Management Plan if more than two hundred ten thousand (210,000) gallons of water will be used in conjunction with drilling, fracturing, or stimulating that well.

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Overview

Four divisions within the WVDEP issue permits: Division of Air Quality (DAQ), Division of Mining and Reclamation (DMR), Office of Oil and Gas (OOG), and the Division of Water and Waste Management (DWWM).

These permits outline the conditions of operation for facilities, set reporting, monitoring, and testing requirements, and inform applicants of their responsibilities once operation of a facility has ceased.

To learn more about WVDEP permits, view our permitting handbooks by division:

Contents

The Division of Air Quality (DAQ) develops and implements regulations and programs that protect the public's health and prevent environmental degradation caused by air pollution.

The Division of Mining and Reclamation (DMR) oversees all mining activities. This includes reviewing permit applications for surface and underground coal mines, preparation plants, coal loading facilities, haulage ways, and coal-related dams. The Division also reviews permit applications for non-coal quarry operations (sand, gravel, limestone, etc.) and for National Pollutant Discharge Elimination System (NPDES) permits for coal and non-coal mining operations. It enforces compliance through regular inspections and ensures site reclamation through a bonding program.

The Office of Oil and Gas (OOG) regulates drilling and production of oil and gas by overseeing industry through permitting, inspection, and enforcement programs. It also ensures operators comply with mine safety issues related to the location, development, and plugging of wells.

Waste Management

The Division of Water and Waste Management (DWWM) manages environmental safety issues related to the generation and disposal of waste. Compliance is monitored with permit conditions and regulatory requirements at hazardous waste facilities. It enforces technical and financial assurance requirements related to the processing and disposal of solid waste. Oversight is also provided for the operation and closure of underground storage tanks and performing site inspections.

Water Resources

The Division of Water and Waste Management (DWWM) regulates the discharge of pollutants into waters of the state. This is accomplished primarily through permit programs to limit surface water pollution discharged by municipal and industrial facilities, construction sites and non-regulatory control of improper land uses. DWWM also manages programs that protect groundwater, wetlands, and non-coal dams.

Overview

The Division of Water and Waste Management (DWWM) is a major regulatory arm of the agency that manages all non-mining water permits, solid waste permits, and hazardous waste permits. DWWM also regulates stormwater permits, General and Individual NPDES permits, Underground Injection Control permits, and underground and aboveground storage tanks.

For regulatory guidance regarding above and underground storage tanks, dam certificate issuance, and additional resources for hazardous waste, please refer to the section on this page.

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Contact Us

West Virginia Department of Environmental Protection
Division of Water & Waste Management
601 57th Street SE
Charleston, WV 25304

Phone: (304) 926-0495
Fax: (304) 926-0463
Director: Kathy Emery

Contents

Section 401 Water Quality Certification is required for each permit or license issued by a federal agency to ensure that projects will not violate the state's water quality standards or stream designated uses. States are authorized to issue Certification under Section 401 of the Federal Clean Water Act.

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The purpose of the Hazardous Waste Permits Unit is to ensure the proper treatment, storage, and/or disposal of hazardous waste. Anyone in West Virginia who is constructing, operating, modifying or closing a hazardous waste treatment, storage, or disposal facility must apply and receive a hazardous waste permit.

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The Division of Water and Waste Management implements programs to control surface water pollution caused by point source discharges of wastewater from public and private sewage collection and treatment systems, industrial wastewater treatment facilities, and municipal and industrial landfills. The terms and conditions of individual WV/NPDES Permits require the installation, operation and maintenance of appropriate wastewater treatment technology, and protect and enhance the quality of the West Virginia waters.

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Facilities that discharge wastewater to receiving waters in West Virginia must apply for a National Pollutant Discharge Elimination System (NPDES) permit for that discharge.

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General Permits are issued to cover a class of facilities with similar type discharges under one permit. Rather than issuing individual, site specific permits to each facility, permittees are registered for coverage under a General Permit for that activity.

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Septic Tank Registration Seal Fees are required by any person/company who obtains a small sewage disposal installation permit.

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The Solid Waste Unit is responsible for ensuring that all appropriate solid waste facilities hold valid permits for the department to install, establish, construct, modify, operate or close said facilities within the State of West Virginia.

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The Stormwater Permit Team administers all stormwater related General Permits. The Stormwater Team is responsible for administrative and technical review of applications and stormwater pollution prevention plans (SWPPP’s) submitted for coverage under stormwater permits.

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The Underground Injection Control (UIC) program is designed to ensure that fluids injected underground will not endanger drinking water sources. The Division of Water and Waste Management regulates non-mining Class 5 injection wells. These wells include agriculture drainage wells, improved sinkholes, industrial disposal wells, stormwater wells and septic systems that have the capacity to serve 20 or more people.

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