Air Toxics


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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 (WV).  The 1990 Clean Air Act Amendments (1990 CAAA) identified 187 compounds (originally 189 compounds) known as Hazardous Air Pollutants (HAPS) for regulation from both major and minor sources. 

Although it has become common practice to use the terms "air toxic" and "hazardous air pollutant" interchangeably, air toxics is a broad term that includes all compounds of some recognized toxicity.

Some HAPs are carcinogenic and/or have noncancer or acute effects; approximately two-thirds of the HAPs are known, probable, or possible human carcinogens.  A few HAPS are know to bioaccumate and bioconcentrate in humans and in the environment.  All HAPs are not equivalent to one another in toxicity to humans or the environment.

In addition to implementing federal air toxics programs (through 45CSR15 and 45CSR34), the Division of Air Quality addresses HAP emissions from stationary cources in its minor source permitting program (45CSR13), and in an air toxics regulation of limited scope (45CSR27), as well as toxic particulates and metals through 45CSR7.




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All Known WV Facilities Subject to a MACT or GACT standard for HAPs

 Adobe Acrobat Button  Natural Gas MACTs Reference Materials for 40CFR63, Subparts HH and HHH
 Adobe Acrobat Button  Stationary Reciprocating Internal Combustion Engines (RICE) 
 Adobe Acrobat Button Area Source Boiler NESHAP - "National Emission Standards for Hazardous Air Pollutants for Area Sources:  Industrial, Commercial and Institutional Boilers" (40CFR 63, Subpart JJJJJJ) Reference Materials.
 Adobe Acrobat Button  Diesel Exhaust Emissions
 Adobe Acrobat Button  112(r) Prevention of Accidental Releases and General Duty Clause

Rule/Program Applicability to Air Toxics

 Adobe Acrobat Button  Overview of state and federal rules that may apply to air toxics emissions

State Rules 


Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, and Procedures for Evaluation


To Prevent and Control the Emissions of Toxic Air Pollutants


To Prevent and Control Particulate Air Pollutation from Manufacturing Processes and Associated Operations



Requirements for Operating Permits



Deferral of nonmajor and area sources from permitting requirements

Federal Rules

EPA's Air Toxics website contains a wealth of information, including MACT and GACT fact sheets and brochures



Emission Standars for Hazardous Air Pollutants Pursuant to 40CFR61 and 40CFR63

Case-by-Case MACT


 Section 2 of 45CSR34

112(j) MACT Hammer Information


 112(j) MACT Hammer equivalency by permit documents

Other DAQ Programs 

Emissions Inventory


The DAQ's Emissions Inventory Group within the Data and Information Services Group, requires that all non-deferred sources subject to Title V (45CSR30) annually report actual point-by-point emissions, including HAP emissions.

Small Business Assistance Program


The DAQ's SBAP 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.