West Virginia Code of State Rules Agency 52 - Air Quality Board
West Virginia Code of State Rules – Agency 52: Air Quality Board
Overview:
Agency 52 of the West Virginia Code of State Rules (CSR) contains the regulations governing the West Virginia Air Quality Board (AQB). The AQB operates as a quasi-judicial body that hears and decides appeals related to air pollution control and permitting decisions made by the West Virginia Department of Environmental Protection (WVDEP), Division of Air Quality.
The board ensures that the state's air quality regulations are fairly enforced, while protecting both the environment and the rights of regulated parties (e.g., businesses, industries, and citizens).
Key Functions of the Air Quality Board (Agency 52 Rules):
Appeals Process:
Reviews citizen, industry, or municipal appeals regarding permits, enforcement actions, and orders issued by WVDEP.
Ensures administrative due process for parties affected by air quality regulations (CSR §52-1).
Hearing Procedures:
Establishes how hearings are conducted, including filing requirements, deadlines, discovery, subpoenas, and presentation of evidence (CSR §52-3).
Outlines procedures for pre-hearing conferences, motions, and decision-making.
Board Operations:
Rules regarding board membership, conflicts of interest, quorum requirements, and decision protocols (CSR §52-2).
Final Orders and Judicial Review:
The board issues final orders which may be appealed to circuit court under the West Virginia Administrative Procedures Act.
Rules for requesting reconsideration or stay of enforcement pending appeal.
Selected Chapters in Agency 52:
| CSR Section | Title |
|---|---|
| §52-1 | Appeals to the Air Quality Board |
| §52-2 | Organization and Practice Before the Board |
| §52-3 | Rules of Procedure for Hearings and Appeals |
| §52-4 | Procedural Rules for Declaratory Rulings |
Legal Authority:
The AQB derives its authority from West Virginia Code §22B-2, which outlines the board’s jurisdiction over air pollution matters.
The board is separate from, but works closely with, the WVDEP – Division of Air Quality.
Typical Cases Heard by the AQB Include:
Appeals of air permit approvals or denials.
Challenges to compliance orders, notices of violation, or penalties.
Requests for declaratory rulings on the applicability of regulations.
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