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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

Compliance and Enforcement

About Us

This section, under Assistant Director Jesse Adkins, is 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.

DAQ’s Compliance and Enforcement Section is located in the Charleston main office, and three regional offices. The Northern Panhandle Regional Office, located in Wheeling, covers the Northern Panhandle area of the State. The North Central Regional Office, located in Fairmont, covers the north-central section of the State, and the Eastern Panhandle Regional Office, located in Romney, covers the north-eastern portion of the State.

What We Do

Overview

The Compliance and Enforcement Section is responsible for conducting inspections and investigations of air pollution sources in West Virginia, addressing citizen complaints involving alleged air pollution violations, implementing the federal Title IV "acid rain" requirements for all of the West Virginia coal-fired electric generating units and inspecting asbestos demolition and renovation projects in West Virginia. The sources involved are subject to a wide range of regulations, including EPA delegated programs, the EPA-approved SIP, and state-only regulations. Most of the EPA-delegated programs are recently promulgated rules governing the emissions of hazardous air pollutants utilizing maximum achievable control technology (MACT) standards, or are subject to federal new source performance standards (NSPS).

The Compliance and Enforcement Section is comprised of four areas, including chemical operations, materials handling, combustion, and asbestos. Each area also has its own compliance and enforcement criteria.

In order to achieve it’s objective, the section conducts periodic facility inspections. When a noncompliance issue is observed and documented, a Notice of Violation is issued to the facility. Depending on the gravity of the situation, a Cease and Desist Order may also be issued. In some situations a Consent Order may be entered into with the facility allowing the facility to continue operating while correcting the noncompliance issue in accordance with a compliance schedule incorporated into the Consent Order.

Contents

Inspectors photographing and inspecting a pipeline compressor.
Inspectors using an infared camera to inspect a pipeline compressor
Inspector reviewing report with site manager.
Inspector reviewing report with site manager.

Important COVID-19 Compliance and Enforcement Information

  • DAQ Compliance and Enforcement Bulletin: COVID-19

    Date: March 27, 2020
    Purpose: To provide statewide guidance to the regulated community on procedures to address compliance issues related to the COVID-19 pandemic.

  • DEP News Release "WVDEP still enforcing all applicable rules and regulations amid COVID-19 pandemic"

    Date: March 27, 2020
    Summary: The WVDEP worked with the EPA in the development of a new temporary enforcement policy – “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” – outlined in a memorandum released March 26, 2020. This policy makes it clear that EPA expects regulated facilities to comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible. The policy also requires facilities to document decisions made to prevent or mitigate noncompliance and demonstrate how the noncompliance was caused by the COVID-19 pandemic.

  • U.S. EPA Memorandum "COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program"

    Date: March 26, 2020
    Summary: The EPA will exercise the enforcement discretion specified below for noncompliance covered by this temporary policy and resulting from the COVID-19 pandemic, if regulated entities take the steps applicable to their situations, as set forth in this policy. For noncompliance that occurs during the period of time that this temporary policy is in effect, and that results from the COVID-19 pandemic, this policy will apply to such noncompliance in lieu of an otherwise applicable EPA enforcement response policy.

  • U.S. EPA revised substitute data provisions for units with delayed quality assurance tests due to COVID-19

    Date: April 17, 2020
    Summary: EPA revised substitute data provisions for units with delayed quality assurance tests due to COVID-19

Citizen Complaints

Overview

The section also handles citizen complaints involving dust, fallout, odor problems, and open burning. In many instances the ability to satisfactorily handle a citizen’s concern regarding an air pollution issue is based upon immediate notification to the DAQ that a problem is being experienced and the ability to rapidly respond to the complaint.

Quite often, notification is too late to allow an inspector to observe and document the alleged violation, or our inspectors are not immediately available due to the fact that they are already involved in another compliance and/or enforcement related issue.

To file a complaint with the Division of Air Quality about an alleged air pollution issue, you may do so by US Mail, phone, fax, or email.

Contact Us or Report a Complaint

West Virginia Department of Environmental Protection
Division of Air Quality
Compliance and Enforcement Section
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0475
Fax: (304) 926-0479
Email: Leslie.K.Cooper@wv.gov

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Report an Emergency

Imminent Danger: 911
Official Emergency Spill Report
1-800-642-3074
Non-Emergency
1-304-926-0499

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