Compliance and Enforcement
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 New Creek, covers the north-eastern portion of the State. 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.
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.
When a citizen files a complaint with the Division of Air Quality about an alleged air pollution issue, he or she may do so by either contacting us via telephone (304-926-0475), facsimile (304-926-0479), U.S. Mail, or e-mail.