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

Public Notice and Comment

Overview

The WVDEP issues public notices to allow for public input before issuing permits or implementing new regulations. Public participation is a vital piece of the environmental process and we want to ensure residents have the opportunity to engage the WVDEP during this process.

Public notices are printed in local newspapers and are available on the WVDEP website. Public hearings are held to give the public the opportunity to submit comments or information to the WVDEP about the proposed permit or rule. Requests for a public hearing should be sent within the comment period listed on the public notice.

More information about public hearings is available in the WVDEP Citizen's Guide .

Please Keep In Mind: The Public Notices listed on this page are intended to solicit comments, prior to their expiration date, specifically for the Division of Air Quality (DAQ) Planning Section and the DAQ Annual Network Plan. For all other current DAQ public notices, please visit the DAQ home page. Additionally, if you would like to receive email notifications regarding public notices for agency actions issued by the WV Department of Environmental Protection, please consider signing up for the mailing list.

Additional Public Notices

Active Public Notices

Public Notice for 2027 Proposed DAQ Legislative Rules

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a virtual public hearing for its 2027 proposed legislative rules, to be held at 6:00 p.m. on Tuesday, July 7, 2026. Instructions for participating and providing oral comments are included in the public notice.

The public comment period begins on June 5, 2026, and concludes at the end of the public hearing on July 7, 2026. Written comments may be submitted at any time during the public comment period as instructed in the public notice, and must be received by July 7, 2026. Both oral and written comments will be made part of the official rulemaking record. Comments received after the conclusion of the public comment period will not be accepted.

The proposed rules are available at the Secretary of State's website at https://apps.sos.wv.gov/adlaw/csr/. starting June 5, 2026. The easiest way to access them is to select "Air Quality" in the Select Agency field, choose "In progress only" in the Limit Results By field, and click Search. Alternatively, you can use the Select Title-Series field with the format "45-[rule number]" for any specific rule identified in the public notice (e.g., "45-16" for the 45CSR16 rule).

Title: Public Notice for 2027 Proposed DAQ Legislative Rules
Expires: July 7, 2026

Documents

Public Notice for Proposed West Virginia Regional Haze Progress Report for the Second Planning Period

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is offering the opportunity for public comment on the Proposed West Virginia Regional Haze Progress Report for the Second Planning Period.

Expires: July 7, 2026

Documents

Notice of Public Inspection and Comment Period

Title: 2026 Ambient Air Monitoring Annual Network Plan and SO2 Data Requirements Rule Annual Report
Expires: June 12, 2026

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 2025, and the SO2 data requirement rule (DRR) Annual Report, included as an appendix.

Documents

Expired Public Notices

Weirton Area Maintenance Plan Revision for the 1987 PM10 NAAQS

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ), is soliciting comment and holding a public hearing on the proposed Weirton Area Maintenance Plan Revision for the 1987 PM10 NAAQS. The second PM10 Maintenance Plan for the Weirton Area is a Limited Maintenance Plan (LMP), which provides for maintenance of the PM10 NAAQS through the end of the 20 year period following the area’s redesignation to attainment on August 14, 2006.  

Expired: After 6:00PM October 14, 2025  

 

Documents

 
 

Public Notice for 2026 Proposed DAQ Legislative Rules

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) has scheduled a public hearing for its 2026 proposed legislative rules to be held at 6:00 p.m. on Tuesday, July 1, 2025. The public hearing will be held virtually. Instructions for participating and for providing oral comments are provided in the public notice. The public comment period begins May 30, 2025, and ends at the conclusion of the public hearing on July 1, 2025. Written comments may be submitted at any time during the public comment as instructed in the public notice and must be received by 5:00 p.m. on July 1, 2025. 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.  

The proposed rules are available at the Secretary of State's website at https://apps.sos.wv.gov/adlaw/csr/. The website will include the proposed rules on May 30, 2025. The easiest way to access the proposed rules is to select "Air Quality" in the Select Agency field and select "In progress only" in the limit results by field and then select Search. Please note that this selection process will include the 2024 in process legislative rules until they become effective June 1, 2025. Alternatively, the "Select Title-Series" field can be used with 45-[rule number] for any specific rule identified in the public notice. Example 45-16 for 45CSR16 rule.  

Title: Public Notice for 2026 Proposed DAQ Legislative Rules
Expired: July 1, 2025  

 

Documents

The easiest way to access the proposed rules is to select "Air Quality" in the Select Agency field and select "In progress only" in the limit results by field and then select Search. Alternatively, the "Select Title-Series" field can be used with 45-[rule number] for any specific rule identified in the public notice. Example 45-16 for 45CSR16 rule. 

 
 

Notice of Public Inspection and Comment Period

Title: 2025 Ambient Air Monitoring Annual Network Plan and SO2 Data Requirements Rule Annual Report
Expired: June 21, 2025  

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 2025, and the SO2 data requirement rule (DRR) Annual Report, included as an appendix.  

 

Documents

 
 

Notice of Open Comment Period

Title: Open Comments for the DAQ Draft Legislative Rule 45SR45
Expired: April 10, 2025 at 5:00 pm  

The public and key stakeholders are requested to review the draft version of the West Virginia state rule which is being developed to implement and adopt the federal emissions guidelines, Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review published by the U.S. EPA March 8, 2024 (89 Fed. Reg. 16820) as required and in accordance with the federal implementation requirements found at 40CFR60, subpart Ba.  

In addition to the draft rule, the following background materials are provided to assist the public and key stakeholders in their review of the draft version of 45CSR45. On March 12, 2025, the Trump EPA announced a reconsideration of 40CFR60, subpart OOOOc and subsequent actions may influence the draft. Additional background materials may be found at EPA’s website https://www.epa.gov/controlling-air-pollution-oil-and-natural-gasoperations .  

  • 40CFR60, subpart OOOOc (Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities)
  • 40CFR60, subpart Ba (Adoption and Submittal of State Plans for Designated Facilities)
  • U.S. EPA Summary of Requirements for Clean Air Act Section 111(d) State Plans for the Crude Oil and Natural Gas Source Category: Emissions Guidelines for Existing Sources 40 CFR Part 60, Subpart OOOOc (August 2024)
 

Documents

Written Comments

 
 

The Martinsburg Monitor Exceptional Events Demonstration on June 29, 2023

The West Virginia Department of Environmental Protection (DEP), Division of Air Quality (DAQ) is offering an opportunity for public comment on Exceptional Events Demonstration for an Exceedance of the 2024 Annual PM2.5 NAAQS at Martinsburg, West Virginia on June 29, 2023 Due to Smoke from Canadian Wildfires (Martinsburg Monitor Exceptional Events Demonstration).  

Expired: November 15, 2024  

 

Documents

 
 
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