West Virginia Air Permits

Air permits & authorizations

• Permit Determination / below 45CSR13 thresholds

  Exemption

  Sources below the 45CSR13 stationary source thresholds and not subject to an emission control rule do not need a permit. DAQ will confirm through a Permit Determination (no fee, 30 business days).

  45CSR13Official page

• General Permit Registrations (Class I and Class II)

  General Permit

  G10-D coal preparation/handling; G20-C hot mix asphalt (minor); G33-A natural gas compressor station spark-ignition engines (Class I); G35-E natural gas compressor and/or dehydration facilities; G40-C nonmetallic minerals processing; G50-C concrete batch plants (minor); G60-D emergency generators (Class II); G65-D single emergency generator (Class I); G70-E natural gas production at the well site. Class I: no public notice, 45-day review, $250. Class II: 30-day applicant notice, 45-day review, $500 plus 45CSR22 fees.

  Thresholds (summarized from source, not a quotation)

  G33-A: engines of 25-500 hp (restated from DAQ).

  45CSR13Official page

• 45CSR13 Construction / Modification Permit

  Minor NSR

  Required for new stationary sources and modifications. 30-day DAQ public notice; 90-day review after completeness (extendable 30 days for comments); $1,000 plus 45CSR22 fees (e.g., NSPS, NESHAP/MACT/toxics add-ons). Relocation and temporary permits (6 months, extendable) also available. Class I/II administrative updates handle smaller changes.

  six (6) pounds per hour and ten (10) tons per year or 144 pounds/day of VOCs or any regulated air pollutant ... more than two (2) pounds per hour or (5) five tons per year of HAPs on an aggregated basis

  45CSR13Official page

Major NSR (PSD & nonattainment)

• Prevention of Significant Deterioration (PSD)

  PSD

  New major sources or major modifications in attainment areas. Decision within six months of a complete application.

  Thresholds (summarized from source, not a quotation)

  100 tons/year or more for Table 1 source categories; 250 tons/year or more for other sources; major modification above 45CSR14 significance thresholds (restated from the DAQ Permitting Handbook).

  45CSR14Official page

• Nonattainment NSR

  Nonattainment NSR

  New major sources in nonattainment areas and major modifications; requires LAER and offsets.

  Thresholds (summarized from source, not a quotation)

  Potential to emit 100 tons/year or more (restated from the DAQ Permitting Handbook).

  45CSR19Official page

Title V operating permits

• Title V Operating Permit

  Title V

  Five-year permits; annual fee based on prior-year actual emissions. DAQ has 60 days to determine completeness and 12 months to act on initial or renewal permits.

  Thresholds (summarized from source, not a quotation)

  More than 100 tons/year of regulated pollutants; 10 tons/year of a single HAP or 25 tons/year of combined HAPs; sources subject to CAA sections 111 and 112 unless deferred (restated from the DAQ Permitting Handbook).

  45CSR30Official page

Oil & Gas

West Virginia (Marcellus/Utica) uses general permits for upstream and midstream gas. G70-E covers natural gas production facilities at the well site and replaces G70-A through G70-D (G70-D registrations are automatically covered). G35-E (issued September 5, 2024) covers natural gas compressor and/or dehydration facilities and replaces G30-D and G35-A/C/D. G33-A covers small compressor engines. DAQ's well pad guidance explains when a permit is generally triggered and which NSPS (OOOO/OOOOa/OOOOb) applies by date. Well completion notifications are due at least 2 days before each completion.

• G70-E: Natural Gas Production Facilities at the Well Site

  General Permit

  Class II general permit for well sites; annual certification and annual fee. Alternative Operating Scenario notifications are filed through ESS.

  Thresholds (summarized from source, not a quotation)

  DAQ guidance: a permit is generally required if condensate production exceeds 0.5 barrels (21 gallons) per day, or facility-wide uncontrolled VOC potential exceeds 6 lb/hr (144 lb/day), or benzene/formaldehyde reaches 1,000 lb/yr or more (restated).

  45CSR13Official page

• G35-E: Natural Gas Compressor and/or Dehydration Facilities

  General Permit

  General permit issued September 5, 2024 for new registrations and modifications at compressor and dehydration facilities; existing G35-D permits are treated as G35-E.

  45CSR13Official page

• G33-A: Natural Gas Compressor Station Engines

  General Permit

  Class I general permit for small spark-ignition engines, incorporating NSPS JJJJ.

  Thresholds (summarized from source, not a quotation)

  Engines of 25 to 500 hp (restated from DAQ).

  45CSR13Official page

State air regulations

• 45CSR13Permits for Construction, Modification, Relocation and Operation of Stationary Sources
• 45CSR14Prevention of Significant Deterioration
• 45CSR19Permits for Construction and Major Modification of Major Stationary Sources in Nonattainment Areas
• 45CSR22Air Quality Management Fee Program
• 45CSR30Requirements for Operating Permits (Title V)
• 45CSR6Control of air pollution from combustion of refuse (flares)

Forms

• General Permit Registration (all GPs)
• G70-E General Permit
• Well Completion Notification Instructions

Guidance

• DAQ Permitting Handbook
• Permit Levels for 45CSR13
• Oil & Gas Well Pads Guidance: Air Permitting and Compliance
• G35-E Fact Sheet (draft)

Compliance

State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

Sources

• WVDEP Permit Levels for 45CSR13
• WVDEP Air General Permits
• WVDEP Oil & Gas Well Pads Guidance
• WVDEP DAQ Permitting Handbook

Editorial note: The DAQ Permitting Handbook is undated and lists older general permit versions (e.g., G70-A, G35-A); current versions are from DAQ's general permit page. Rule titles for 45CSR14/19/30 are standard titles not shown verbatim on reviewed pages. DAQ's oil and gas page lists two different notification emails; confirm with DAQ. DAQ Permitting: (304) 926-0475.