§22-5-15. Motor Vehicle Pollution, Inspection and Maintenance
(a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate and in furtherance of the purposes of this article, the director may provide by legislative rule for the control of emissions from motor vehicles. The legislative rule may prescribe requirements for the installation […]
§22-5-16. Small Business Environmental Compliance Assistance Program, Compliance Advisory Panel
The secretary of the Department of Commerce, labor, and environmental resources shall establish a small business stationary source technical and environmental compliance assistance program which meets the requirements of Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. §7661 et seq. A compliance advisory panel composed of seven members appointed as follows […]
§22-5-2. Definitions
The terms used in this article are defined as follows: (1) “Air pollutants” means solids, liquids, or gases which, if discharged into the air, may result in a statutory air pollution.
§22-5-17. Interstate Ozone Transport
(a) This section of the Air Pollution Control Act may be referred to as the Interstate Ozone Transport Oversight Act. (b) The Legislature hereby finds that: (1) The federal Clean Air Act, as amended, contains a comprehensive regulatory scheme for the control of emissions from mobile and stationary sources, which will improve ambient air quality […]
§22-5-3. Causing Statutory Pollution Unlawful; Article Not to Provide Persons With Additional Legal Remedies
It is unlawful for any person to cause a statutory air pollution, to violate the provisions of this article, to violate any rules promulgated pursuant to this article to operate any facility subject to the permit requirements of the director without a valid permit, or to knowingly misrepresent to any person in the State of […]
§22-5-18. Market-Based Banking and Trading Programs, Emissions Credits; Director to Promulgate Rules
(a) The director shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, to the full extent allowed by federal and state law, one or more rules establishing a voluntary emissions trading and banking program that provides incentives to make progress toward the attainment or maintenance of the national […]
§22-5-4. Powers and Duties of Director; and Legal Services; Rules
(a) The director is authorized: (1) To develop ways and means for the regulation and control of pollution of the air of the state;
§22-5-19. Inventory of Greenhouse Gases
(a) The secretary shall establish a program to inventory greenhouse gas emissions from major sources that are subject to mandatory federal greenhouse gases reporting requirements. The secretary shall obtain available emissions data directly from the appropriate federal entity, including the United States Environmental Protection Agency. (b) As used in this section, "greenhouse gas" means carbon […]
§22-5-5. Issuance of Cease and Desist Orders by Director; Service; Permit Suspension, Modification and Revocation; Appeals to Board
If, from any investigation made by the director or from any complaint filed with him or her, the director is of the opinion that a person is violating the provisions of this article, or any rules promulgated pursuant thereto, he or she shall make and enter an order directing the person to cease and desist […]
§22-5-20. Development of a State Plan Relating to Carbon Dioxide Emissions From Existing Fossil Fuel-Fired Electric Generating Units
The West Virginia Department of Environmental Protection shall propose a legislative rule for promulgation in accordance with 29A-3-1 of this code to implement the Affordable Clean Energy rule, consisting of Emission Guidelines for Greenhouse Gas, Emissions from Existing Electric Utility Generating Units (EGUs) pursuant to the federal Clean Air Act, section 111(d). The proposed rule […]