§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 […]
§22-5-6. Penalties; Recovery and Disposition; Duties of Prosecuting Attorneys
(a) Any person who violates any provision of this article, any permit or any rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code is subject to a civil penalty not to exceed $10,000 for each day of such violation, which penalty shall be recovered in a civil action […]
§22-5-7. Applications for Injunctive Relief
The director may seek an injunction against any person in violation of any provision of this article or any permit, rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code. In seeking an injunction, it is not necessary for the director to post bond nor to allege or prove […]
§22-5-8. Emergencies
Whenever air pollution conditions in any area of the state become such as, in the opinion of the director, to create an emergency and to require immediate action for the protection of the public health, the director may, with the written approval of the Governor, so find and enter such order as it deems necessary […]
§22-5-9. Powers Reserved to Secretary of the Department of Health and Human Resources, Commissioner of Bureau for Public Health, Local Health Boards and Political Subdivisions; Conflicting Statutes Repealed
Nothing in this article affects or limits the powers or duties heretofore conferred by the provisions of chapter sixteen of this code upon the the Secretary of the Department of Health and Human Resources, the Commissioner of the Bureau for Public Health, county health boards, county health officers, municipal health boards, municipal health officers, combined […]
§22-5-10. Records, Reports, Data or Information; Confidentiality; Proceedings Upon Request to Inspect or Copy
(a) All air quality data, emission data, permits, compliance schedules, orders of the director, board orders and any other information required by a federal implementation program (all for convenience hereinafter referred to in this section as "records, reports, data or information") obtained under this article shall be available to the public, except that upon a […]
§22-5-11. Construction, Modification or Relocation Permits Required for Stationary Sources of Air Pollutants
(a) Unless otherwise specifically provided in this article, no person shall construct, modify or relocate any stationary source of air pollutants without first obtaining a construction, modification or relocation permit as provided in this article. (b) The secretary shall by rule specify the class or categories of stationary sources to which this section applies. Application […]
§22-5-11a. Activities Authorized in Advance of Permit Issuance
(a) With respect to the modifications of nonmajor stationary sources, or modifications which are not major modifications to existing major stationary sources, the following activities are authorized in advance of permit issuance. Any authorized activities undertaken by or on behalf of the permit applicant prior to the issuance of a final permitting action by the […]