May 26, 2020

West Virginia’s Annual Environmental Legislative Rules Bundle Passes in Special Session

West Virginia Department of Environmental Protection’s (WVDEP) annual rules bundle failed to pass during the regular legislative session due to controversy surrounding enforcement of federal standards reducing air pollution emissions from new wood-burning stoves and furnaces. To maintain regulatory stability, Governor Tomblin, added the environmental rules bundle to the call of a special session. A new rules bundle was introduced without the controversial rule and was quickly passed on June 2, 2016 and signed by the governor on June 8, 2016. The legislation will implement more than a dozen new or amended environmental rules including:

  • Repeal of 45 CSR 29 requiring the submission of emission statements for volatile organic compound emissions and oxides;

  • Repeal of 45 CSR 39 and 41 relating to the state’s Clean Air Interstate Rule (CAIR) for NOX and SO2 now replaced by the Cross State Air Pollution Rule (CSAPR);

  • Amendment of 45 CSR 40 relating to the control of ozone season nitrogen oxides emissions. This amended rule, effective July 1, 2016, sets forth new Ozone season NOX emission limitations, monitoring, recordkeeping, reporting, excess emissions, and NOX budget demonstration requirements in accordance with 40 CFR §51.121. It applies to any owner or operator of a unit that has a maximum design heat input greater than 250 mmBtu/hr, except for any unit subject to the federal Cross-State Air Pollution Rule NOX Ozone Season Trading Program established under 40 CFR Part 97, Subpart BBBBB, or an equivalent trading program established as a state implementation plan revision pursuant to 40 CFR §52.38(b)(5);

  • Amendment of 45 CSR 25 regarding air pollution control of hazardous waste treatment, storage and disposal facilities. The rule adopts new EPA emission standards, procedures and criteria promulgated in 40 CFR Parts 260-262, 264-266, 270 and 279, as listed in Table 25-A of the rule, including associated appendices, reference methods, performance specifications and test methods; and

  • Passage of 45 CSR 34 through which WVDEP adopted and incorporated by reference, with specified exceptions, the provisions of 40 CFR Parts 61, 63 and 65. WVDEP will now have the general procedures and criteria to implement emission standards for stationary sources that emit (or have the potential to emit) one or more of the substances listed as hazardous air pollutants in 40 CFR §61.01(a) or §112(b) of the CAA.

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About this Author

John S. Gray, Dinsmore, Petrochemical Regulation Lawyer, manufacturing Attorney

John is a partner Environmental and Tort Litigation Departments in our Charleston West Virginia office where he advises natural resource, energy, petrochemical, manufacturing, construction, and real estate clients how to legally navigate and mitigate a broad range of environmental business risk associated with regulatory compliance and enforcement issues, corporate transactional and due diligence concerns, and litigation matters, both civil and administrative.

A native West Virginian, John brings a wealth of experience gained from practicing law...

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