Public Notice and Comment

Public Notice for West Virginia Regional Haze Second Period (2028) State Implementation Plan

Public Notice and Proposed State Implementation Plan

Title: Public Notice for West Virginia Regional Haze Second Period (2028) State Implementation Plan
Expires: January 10, 2022

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is proposing a Regional Haze State Implementation Plan (SIP) for the Second Implementation Period as required by Part 40 of the Code of Federal Regulations, Section 51.308. A public comment period and public hearing is being held as required by federal regional haze regulations.

Federal Land Manager comments and files regarding the draft Regional Haze SIP can be found in the link below under section Appendix F: Consultation, specifically subsections Appendix F-3a through F-3q and Appendix F-3p.

Public Notice

• Notice of Public Comment Period Extension
• Notice of Public Hearing and Public Comment Period

Draft State Implementation Plan

• West Virginia Regional Haze Second Period (2028) State Implementation Plan To Preserve, Protect, and Improve Visibility in Class I Federal Areas

  • Appendix A: Project Reports

    • Appendix A-1 through A-3: Project Reports

  • Appendix B: Emissions Preparation and Processing

    • Appendix B-1a through B-2b
    • Appendix B-2b Spreadsheet

  • Appendix C: Monitoring, Meteorological, and Other Data Acquisition and Preparation

    • Appendix C: Monitoring, Meteorological, and Other Data Acquisition and Preparation

  • Appendix D: Area of Influence Analyses

    • Appendix D-1 and D-2: Area of Influence Analyses

  • Appendix E: Visibility and Source Apportionment Projections

    • Appendix E-1a: Regional Haze Modeling for Southeastern VISTAS II Regional Haze Analysis Project
    • Appendix E-1b: Final Modeling Protocol Update and Addendum to the Approved Modeling Protocol for Task 6.1
    • Appendix E-2a: Regional Haze Modeling for Southwestern VISTAS II Regional Haze Analysis Project 2011el and 2028el CAMx Benchmarking Report Task 6 Benchmark Report #1 Covering Benchmark Runs #1 and #2
    • Appendix E-2b: 2011el CAMx Version 6.32 and 6.40 Comparison Report Task 6 Benchmark Report Number #2 Covering Benchmark Run #3
    • Appendix E-2c: 2011el CAMx Version 6.40 12km VISTAS and EPA 12km Continental Grid Comparison Report Benchmark Report Task 6 Benchmark Report #3 Covering Benchmark Run #5
    • Appendix E-2d: 2028 CAMx Version 6.32 and 6.40 Comparison Report Task 6 Benchmark Report #4 Covering Benchmark Run #4
    • Appendix E-2e: 2028elv3 CAMx Version 6.40 12km VISTAS and EPA 12km Continental Grid Comparison Report Task 6 Benchmark Report Number #5 Covering Benchmark Run #6
    • Appendix E-2f: 2028 Emissions Version V3 and V5 Comparison Report Benchmark Report Task 6 Benchmark Report #6 Covering Benchmark Run #7
    • Appendix E-3: Model Performance Evaluation for Particulate Matter and Regional Haze of the CAMx 6.40 Modeling System
    • Appendix E-3: VISTAS II 2011 Updated Modeling Platform for Task 8.0
    • Appendix E-4: Deposition Model Performance Evaluation Southeaster VISTAS II Regional Haze Analysis Project (Task 8.1)
    • Appendix E-5: Model Performance Evaluation for Ozone of the CAMx 6.40 Modeling System and the VISTAS II 2011 Updated Modeling Platform (Task 8.0)
    • Appendix E-6: Future Year Model Projections Task 9a
    • Appendix E-6: Part 2 of 3
    • Appendix E-6: Part 3 of 3
    • Appendix E-7a: Particulate Source Apportionment Technology Modeling Results Task 7
    • Appendix E-7a: Part 2 of 2
    • Appendix E-7b: Roadmap for PSAT Scaled Adjustments
    • Appendix E-7b: Part 2 of 2
    • Appendix E-8: SMAT 2028 Bulk- EPA 2019 Modeling With Graphics

  • Appendix F: Consultation

    • Appendix F-1a: WV Letter to KY DAQ dated November 6, 2020
    • Appendix F-2a through F-2e: VISTAS Letters to AR,IN, MO, OH, PA
    • Appendix F-3a through F-3q: FLM/EPA Consultation Record
    • Appendix F-3p: National Park Service Analysis Spreadsheets
    • Appendix F-4: State and VISTAS Consultation Documentation with MANE-VU

  • Appendix G: Reasonable Progress Evaluation/Long Term Strategy

    • Appendix G-1a through G-1e: WVDAQ Letters to Selected Facilities
    • Appendix G-2a through G-2e: Response from Facilities

  • Appendix H: Hearing Report, Comments Received, and Responses

    Reserved for future use.

  • Appendix I: Environmental Justice

    • Appendix I: WVDEP Voluntary Environmental Justice Agreement

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Notice of Public Comment Period


Proposed West Virginia Section 111(d) State Plan

Title: Proposed West Virginia Section 111(d) State Plan for the Control of Air Pollution from Municipal Solid Waste Landfills
Expires: October 26, 2021


The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is developing a Clean Air Act (CAA) section 111(d) partial State Plan for the Control of Air Pollution from Municipal Solid Waste (MSW) Landfills for submittal to the United States Environmental Protection Agency (U.S. EPA).

How to Participate

Members of the public can participate in the public hearing online or listen via telephone. Participant pre-registration is required by 5:00 p.m. on Tuesday, October 26, 2021.

• Participant Registration Form

Public Notice and Related Documents

1. Public Hearing and Public Notice for West Virginia Section 111(d) State Plan for theControl ofAir Pollution from Municipal Solid Waste Landfills
2. ​Proposed West Virginia Section 111(d) State Plan for theControl ofAir Pollution from Municipal Solid Waste Landfills

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Public Notice for 2022 Proposed Legislative Rules


Title: Public Notice for 2022 Proposed Legislative Rules
Expires: July 6, 2021

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2022 proposed legislative rules to be held at 6:00 p.m. on Tuesday, July 6, 2021. The public hearing will be held in-person with an option to participate virtually. Instructions for participating and for providing oral comments are provided below. The public comment period begins June 4, 2021, and ends at the conclusion of the public hearing on July 6, 2021. Written comments may be submitted at any time during the public comment as instructed below. Both oral and written comments will be made part of the rulemaking record. Comments received after the conclusion of the public comment period will not be accepted.

Public Notice and Proposed Legislative Rules

1. Public Notice for 2022 Proposed Legislative Rules
   • 45CSR8 - Ambient Air Quality Standards
   • 45CSR16 - Standards of Performance for New Stationary Sources
   • 45CSR18 - Control of Air Pollution from Combustion of Solid Waste
   • 45CSR34 - Emission Standards for Hazardous Air Pollutants

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Notice of Public Inspection and Comment Period

Title: Notice of Public Inspection and Comment Period
Expires: June 5, 2021

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is offering an opportunity for public inspection and comment on the ambient air monitoring Annual Network Plan (ANP) for 2021, and the SO₂ data requirement rule (DRR) Annual Report, included as an appendix.

Public Notice and Related Documents

1. Notice of Public Inspection and Comment Period
2. Draft 2021 Ambient Air Monitoring Annual Network Plan and SO₂ Date Requirements Rule Annual Report

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Notice of Public Comment Period

Proposed West Virginia Section 111(d) State Plan

Title: Proposed West Virginia Section 111(d) State Plan Control of Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units
Expires: December 1, 2020

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is developing a Clean Air Act (CAA) section 111(d) partial State Plan for the Control of Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units (EGUs) for submittal to the United States Environmental Protection Agency (U.S. EPA).

How to Participate

Members of the public can participate online or listen via telephone. Participant pre-registration is required by 5:00 p.m. on Tuesday, December 1, 2020. To register, please complete the participant registration form at https://apps.dep.wv.gov/daq-register/ace. Please see Appendix E - Public Participation for more information.

Public Notice and Related Documents

1. Public Hearing and Public Notice for Proposed West Virginia Section 111(d) State Plan Control of Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units
2. Proposed West Virginia CAA Section 111(d) Partial Plan for Greenhouse Gas Emissions from Existing Electric Utility Generating Units (EGUs)
   
   • Appendix A - West Virginia Permitting Rule
   • Appendix B - West Virginia Proposed ACE Rule
   • Appendix C - Standards of Performance Demonstration
   • Appendix D - Quantifiable, Verifiable, Permanent, Enforceable Demonstration
   • Appendix E - Public Participation
   • Appendix F - Standards of Performance Supporting Data & Calculations (3 parts)
   • Part 2
   • Part 3
   • Appendix G - Senate Bill 810 (2020 Regular Session)
   • Appendix H - West Virginia State Code
   • Appendix I - Longview Power LLC Permit R13-3495 and Engineering Evaluation
   • Appendix J - Black & Veach "Longview Unit 1 Heat Rate Study"

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Public Notice for 2021 Proposed Legislative Rules

Title: Public Notice for 2021 Proposed Legislative Rules
Expires: July 28, 2020

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2021 proposed legislative rules to be held at 6:00 p.m. on Tuesday, July 28, 2020. The public hearing will be held virtually to prevent the spread of COVID-19 in accordance with the Governor’s Safer at Home Order and the WVDEP COVID-19 Policy. Instructions for participating and for providing oral comments in the virtual public hearing are provided below. The public comment period begins June 26, 2020 and ends at the conclusion of the public hearing on July 28, 2020. Written comments may be submitted at any time during the public comment as instructed below. Both oral and written comments will be made part of the rulemaking record. Comments received after the conclusion of the public comment period will not be accepted.

Public Notice and Proposed Legislative Rules

1. Public Notice for 2021 Proposed Legislative Rules
   • 45CSR8 - Ambient Air Quality Standards
   • 45CSR16 - Standards of Performance for New Stationary Sources
   • 45CSR18 - Control of Air Pollution from Combustion of Solid Waste
   • 45CSR23 - Control of Air Pollution from Municipal Solid Waste Landfills
   • 45CSR33 - Acid Rain Provisions and Permits
   • 45CSR34 - Emission Standards for Hazardous Air Pollutants
   • 45CSR44 - Control of Greenhouse Gas Emissions from Existing Coal-Fired Electric Utility Generating Units

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Notice of Public Inspection and Comment Period

Title: Notice of Public Inspection and Comment Period
Expires: June 12, 2020

The West Virginia Department of Environmental Protection Division of Air Quality (DAQ) is offering an opportunity for public inspection and comment on the ambient air monitoring Annual Network Plan (ANP) for 2020, and the SO2 data requirement rule (DRR) Annual Report, included as an appendix.

Public Notice and Related Documents

1. Notice of Public Inspection and Comment Period
2. Draft 2020 Ambient Air Monitoring Annual Network Plan and SO2 Data Requirements Rule Annual Report

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Notice of Public Hearing and Public Comment Period

Expires: March 9,2020

The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment and a public hearing, on the proposed Redesignation Request and Maintenance Plan for the Marshall, West Virginia 2010 1-hour Sulfur Dioxide (SO2) Nonattainment Area, Comprising the Clay, Franklin, and Washington Tax District of Marshall County (Redesignation Request and Maintenance Plan). The proposal concerns two inter-related actions regarding the West Virginia portion of the nonattainment area.

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. Re-designation Request and Maintenance Plan for the Marshall, West Virginia 2010 1-hour Sulfur Dioxide (SO2) Nonattainment Area, Comprising the Clay, Franklin, and Washington Tax Districts Marshall County
   • Appendix A - Air Monitoring Data
   • Appendix B - Emissions Inventory
   • Appendix C - Modeling (Modeling files available upon request)
     1. Part 1
     2. Part 2
     3. Part 3
     4. Part 4
   • Appendix D - Documentation of Local SO2 Reductions
   • Appendix E - Mitchell Consent Order CO-SIP-C-2017-04A (2016), AEP Consent Decree, Civil Action No. C2-99-1250, Permit R30-0510005-2014
   • Appendix F - Public Participation

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Public Notice for Maintenance Plan Revision for Charleston, WV

Expires: November 4, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is soliciting comment and will hold a public hearing on the proposed West Virginia Department of Environmental Protection Second Maintenance Plan for the Charleston, WV 1997 Ozone NAAQS Maintenance Area (Comprising Kanawha and Putnam Counties).

Public Notice and Related Documents

1. Public Notice for Maintenance Plan Revision for Charleston, WV
2. Maintenance Plan Revision for the Charleston, West Virginia 1997 8-hour Ozone NAAQS, Comprising Kanawha and Putnam Counties

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Public Notice for Maintenance Plan Revision for Huntington, WV

Expires: November 7, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is soliciting comment and will hold a public hearing on the proposed West Virginia Department of Environmental Protection Second Maintenance Plan for the Huntington, WV 1997 Ozone NAAQS Maintenance Area (Comprising Cabell and Wayne Counties).

Public Notice and Related Documents

1. Public Notice for Maintenance Plan Revision for Huntington, WV
2. Maintenance Plan Revision for the Huntington, West Virginia 1997 8-hour Ozone NAAQS, Comprising Cabell and Wayne Counties

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Public Notice for Maintenance Plan Revision for Parkersburg, WV

Expires: November 5, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is soliciting comment and will hold a public hearing on the proposed West Virginia Department of Environmental Protection Second Maintenance Plan for the Parkersburg, WV 1997 Ozone NAAQS Maintenance Area (Comprising Wood County).

Public Notice and Related Documents

1. Public Notice for Maintenance Plan Revision for Parkersburg, WV
2. Maintenance Plan Revision for the Parkersburg, West Virginia 1997 8-hour Ozone NAAQS, Comprising Wood County

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Public Notice for Maintenance Plan Revision for Weirton, WV

Expires: November 6, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is soliciting comment and will hold a public hearing on the proposed West Virginia Department of Environmental Protection Second Maintenance Plan for the Weirton, WV 1997 Ozone NAAQS Maintenance Area (Comprising Brooke and Hancock Counties).

Public Notice and Related Documents

1. Public Notice for Maintenance Plan Revision for Weirton, WV
2. Maintenance Plan Revision for the Weirton, West Virginia 1997 8-hour Ozone NAAQS, Comprising Brooke and Hancock Counties

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Public Notice for Maintenance Plan Revision for Wheeling, WV

Expires: November 6, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is soliciting comment and will hold a public hearing on the proposed West Virginia Department of Environmental Protection Second Maintenance Plan for the Wheeling, WV 1997 Ozone NAAQS Maintenance Area (Comprising Marshall and Ohio Counties).

Public Notice and Related Documents

1. Public Notice for Maintenance Plan Revision for Wheeling, WV
2. Maintenance Plan Revision for the Wheeling, West Virginia 1997 8-hour Ozone NAAQS, Comprising Marshall and Ohio Counties

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Public Notice for 2020 Proposed Legislative Rules

Expires: July 9, 2019

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2020 proposed legislative rules on Tuesday, July 9, 2019 at the DEP Charleston headquarters located at 601 57th Street S.E., Charleston, WV 25304. The public hearing will begin at 6:00 p.m. in the Dolly Sods Conference Room #1125.

Public Notice and Proposed Legislative Rules

1. Public Notice for 2020 Proposed Legislative Rules
   • 45CSR8 - Ambient Air Quality Standards
   • 45CSR16 - Standards of Performance for New Stationary Sources
   • 45CSR25 - Control of Air Pollution From Hazardous Waste Treatment, Storage and Disposal Facilities
   • 45CSR34 - Emission Standards for Hazardous Air Pollutants
   • 45CSR40 - Control of Ozone Season Nitrogen Oxides Emissions

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Notice of Public Hearing and Public Comment Period

Expires: June 24, 2019

The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment and a public hearing, on the proposed Redesignation Request and Maintenance Plan for the West Virginia Portion of the Steubenville, OH-WV 2010 1-hour Sulfur Dioxide (SO2) Nonattainment Area, Comprising the Cross Creek Tax District of Brooke County (Redesignation Request and Maintenance Plan). The proposal concerns two inter-related actions regarding the West Virginia portion of the nonattainment area.

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. Re-designation Request and Maintenance Plan for the West Virginia Portion of the Steubenville, OH-WV 2010 1-hour Sulfur Dioxide (SO2) Nonattainment Area, Comprising the Cross Creek Tax District of Brooke County
   • Appendix A - Air Monitoring Data
   • Appendix B - Emissions Inventory
   • Appendix C - Local SO2 Reductions
   • Appendix D - OH SO2 Attainment
   • Appendix E - Modeling
   • Appendix F - Public Participation
   • Appendix G - Modeling Concurrence Letter
   • Appendix H - Alternative Model Approval

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Notice for 2019 Ambient Air Monitoring Annual Network Plan and SO2 Data Requirements Rule Annual Report

Expires: June 12, 2019

The West Virginia Department of Environmental Protection Division of Air Quality’s (DAQ) is offering an opportunity for public inspection and comment on the ambient air monitoring Annual Network Plan (ANP) for 2019, and the SO2 data requirement rule (DRR) Annual Report, included as an appendix.

Public Notice and Related Documents

1. Notice for 2019 Ambient Air Monitoring Annual Network Plan and SO2 Data Requirements Rule Annual Report

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Notice of Public Hearing and Public Comment Period

Expires: October 9, 2018

The West Virginia Department of Environmental Protection (DEP) is offering an opportunity for public comment, and will hold a public hearing, on a proposed revision to the State Implementation Plan (SIP) regarding the 2015 Ozone National Ambient Air Quality Standard (NAAQS) and West Virginia’s obligations under Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I).

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. West Virginia Supplement to the State Implementation Plan Revision for Clean Air Act Section 110(a)(2)(A)-(M) Requirements for 2015 8-Hour Ozone NAAQS with the Demonstration of Compliance with the Good Neighbor Requirements of Clean Air Act Section 110(a)(s)(D)(i)(I)
   • Appendix A - EPA modeling December 2016
   • Appendix B - EPA October 27, 2017
   • Appendix C - transport memo March 27, 2018
   • Appendix D - Alpine Final December 2017
   • Appendix E - Alpine June 2018
   • Appendix F - LADCO TSD August 13, 2018
   • Appendix G - Facility Startups and Shutdowns 2001 vs 2017
   • Appendix H - HYSPLIT
   • Appendix I - Analysis Downwind AQ Context
   • Appendix J - WV Tier 1 NOx
   • Appendix K - Emission Inventory Final March 2018
   • Appendix L - Non EGU Reductions Final March 2018
   • Appendix M - EGU Final March 2018
     • Part 1
     • Part 2
     • Part 3
   • Appendix N - Non EGU
   • Appendix O - Public Participation

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Proposed State Implementation Plan Revision for Clean Air Act

Title: Proposed State Implementation Plan Revision for Clean Air Act Section 110(a)(2)(A)-(M) Requirements for 2015 8-Hour Ozone NAAQS
Expires: August 28, 2018

The West Virginia Department of Environmental Protection (DEP) is announcing an opportunity for public comment on a proposed West Virginia State Implementation Plan Revision for Clean Air Act § 110(a)(2)(A)-(M) Requirements for 2015 8-HourOzone NAAQS with regard to the 2015 primary and secondary 8-hour ozone national ambient air quality standards (NAAQS).

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. Proposed State Implementation Plan Revision for Clean Air Act Section 110(a)(2)(A)-(M) Requirements for 2015 8-Hour Ozone NAAQS

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Proposed Revision to WV Section 111(d)

Title: Proposed Revision to WV Section 111(d) of the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills
Expires: August 20, 2018

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is revising the Clean Air Act § 111(d) State Plan for the Control of Air Pollution from Municipal Solid Waste (MSW) Landfills. This plan revision incorporates changes made to rule 45 C.S.R. 23 - “Control of Air Pollution from Municipal Solid Waste Landfills”. This rule change requires DAQ to submit a State Plan revision for MSW landfills and conduct a public hearing.

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. Proposed Revision to WV Section 111(d) of the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills

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Proposed Revision to WV Section 111(d)/129

Title: Proposed Revision to WV Section 111(d)/129 Plan Revision for the Control of Air Pollution from Combustion of Solid Waste for Commercial and Industrial Solid Waste Incineration (CISWI) Units
Expires: July 24, 2018

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is revising the Section 111(d)/129 Plan for the Control of Air Pollution from Combustion of Solid Waste for Commercial and Industrial Solid Waste Incineration (CISWI) Units. This plan revision incorporates changes made to rule 45 C.S.R. 18 - “Control of Air Pollution from Combustion of Solid Waste”. This rule change requires DAQ to submit a State Plan revision for CISWI, and conduct a public hearing.

Public Notice and Related Documents

1. Notice of Public Hearing and Public Comment Period
2. Proposed Revision to WV Section 111(d)/129 Plan Revision for the Control of Air Pollution from Combustion of Solid Waste for Commercial and Industrial Solid Waste Incineration (CISWI) Units

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Public Notice for 2019 Proposed Legislative Rules

Expires: July 10, 2018

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2019 proposed legislative rules on Tuesday, July 10, 2018 at the DEP Charleston headquarters located at 601 57th Street S.E., Charleston, WV 25304. The public hearing will begin at 6:00 p.m. in the Dolly Sods Conference Room #1125.

Public Notice and Proposed Rules

1. Public Notice for 2019 Proposed Legislative Rules
   • 45CSR8 - Ambient Air Quality Standards
   • 45CSR16 - Standards of Performance for New Stationary Sources
   • 45CSR25 - Control of Air Pollution From Hazardous Waste Treatment, Storage and Disposal Facilities
   • 45CSR34 - Emission Standards for Hazardous Air Pollutants
   • 45CSR36 - Requirements for Determining Conformity of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, to Applicable Air Quality Implementation Plans (Transportation Conformity)
   • 45CSR38 - Provisions for Determination of Compliance with Air Quality Management Rules
   • 45CSR43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions

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Notice for 2018 Ambient Air Monitoring Annual Network Plan

Expires: June 9, 2018

On October 17, 2006, the US Environmental Protection Agency (EPA) published final amendments to 40 CFR Part 53 and 58 “Revisions to Ambient Air Monitoring Regulations; Final Rule”. This rule became effective on December 18, 2006.

Public Notice

1. Notice for 2018 Ambient Air Monitoring Annual Network Plan
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