West Virginia/EZ Policies

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EZ Policies for West Virginia

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Download EZ Policies for West Virginia CSV (rows 1 - 50)

Policy Place Policy Type Active Implementing Sector Summary
Air Pollution Control Act (West Virginia) West Virginia Environmental Regulations Yes State/Province The purpose of this law is to provide for a coordinated statewide program of air pollution prevention, abatement and control; to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; to assure the economic competitiveness of the state by providing for the timely processing of permit applications and other authorizations under this article; and to provide a framework within which all values may be balanced in the public interest.
Air Pollution Control Rules (West Virginia) West Virginia Siting and Permitting Yes State/Province The listed rules were enacted as directed by the Air Pollution Control Act. Together, these rules guide the monitoring, permitting and compliance enforcement of air quality in the state.
Alternative and Renewable Energy Portfolio Standard (West Virginia) West Virginia Renewables Portfolio Standard Yes State/Territory In June 2009, West Virginia enacted an Alternative and Renewable Energy Portfolio Standard that requires investor-owned utilities (IOUs)* with more than 30,000 residential customers to supply 25% of retail electric sales from eligible alternative and renewable energy resources by 2025.

While this law contains some provisions similar to those found in renewables portfolio standards (RPSs) adopted by other states, West Virginia's standard does not require a minimum contribution from renewable energy resources. It is therefore feasible that the standard could be met using only alternative resources and avoid using any renewable resources (as defined in the law). As a result, the renewable energy portion of the standard functions more like a non-binding goal.

Compliance The standard sets the following minimum benchmarks for electric utilities based on their annual electricity sales:

  • 10% from 2015 to 2019
  • 15% from 2020 to 2024
  • 25% by January 1, 2025

Utilities must submit compliance plans to the PSC by January 1, 2011, for review and approval. Within a year of receiving approval from the PSC, utilities must submit annual reports outlining their progress towards compliance. The PSC will evaluate compliance after January 1, 2015 and impose non-compliance assessments if the utility fails to comply with the standard.

Qualifying Alternative and Renewable Energy Resources To qualify, electricity produced by alternative and renewable resources must be generated or purchased from a facility in West Virginia or in the PJM Service Territory (the regional transmission organization which serves the state). The West Virginia Public Service Commission (PSC) is authorized to certify additional resources as either alternative or renewable. Furthermore, projects that reduce or offset greenhouse gas emissions and certain demand-side or efficiency projects may be certified and counted towards meeting the standard.

Alternative Energy Resources In West Virginia, "alternative energy resources" include coal technology, coal bed methane, natural gas, fuel produced by a coal gasification or liquification facility, synthetic gas, integrated gasification combined cycle technologies, waste coal, tire-derived fuel, pumped storage hydroelectric projects, and recycled energy (through June 2010).

Renewable Energy Resources The definition of "renewable energy resources" includes solar-electric, solar thermal energy, wind power, run-of-river hydropower, geothermal energy, fuel cells, and certain biomass energy and biologically-derived fuels. S.B. 350 enacted in April 2010 changed "recycled energy" from classification as an "alternative energy resource" to a renewable energy resource (effective in June 2010).

Energy Credits

Compliance is based on alternative energy credits (AECs), and banking of excess credits is allowed. A credit is equal to a megawatt-hour (MWh) of alternative or renewable electricity generation. The PSC will establish a credit-trading system and public registry to track transactions. Credits will be awarded in the following way:

  • One credit for each MWh of electricity generated or purchased from an alternative energy resource facility. It should be noted that utilities may meet no more than 10% of the standard with credits obtained from electricity generated from natural gas.
  • Two credits for each MWh of electricity generated or purchased from a renewable energy resource facility
  • Three credits for each MWh of electricity generated or purchased from a renewable energy resource facility located on a reclaimed surface mine in West Virginia
  • Customer-generators will be awarded one credit for each MWh of electricity generated from an alternative energy resource facility and two credits for each MWh of electricity generated from a renewable energy resource facility.
  • The PSC is authorized to award one credit to an electric utility for each ton of carbon dioxide-equivalent reduced or offset by approved projects.
  • The PSC is also authorized to award one credit to an electric utility for each MWh of electricity conserved by an approved energy efficiency or demand-side management project, provided that the project savings are verified and certified according to PSC rules (to be determined).

In November 2011, the PSC ruled (Case No. 11-0249-E-P) that for PURPA qualifying facility (QF) contracts where AEC ownership is not addressed, the AECs are conveyed to the purchaser of the power.

*Including electric distribution companies or electric generation suppliers selling to retail customers. Municipal utilities, rural electric cooperatives, and other utilities serving fewer than 30,000 residential customers are specifically excluded from the standard, although the Public Service Commission (PSC) will consider adopting, by administrative rule, alternative and renewable requirements that would apply to these utilities.
Carbon Dioxide Sequestration (West Virginia) West Virginia Environmental Regulations
Fees
Safety and Operational Guidelines
Siting and Permitting
Yes State/Province The purpose of this law is to:
  1. Establish a legal and regulatory framework for the permitting of carbon dioxide sequestration operations;
  2. Designate a state agency responsible for establishing standards and rules for the permitting of carbon dioxide sequestration operations including, but not limited to, rules pertaining to:
    1. Environmental surveillance of carbon dioxide sequestration operations;
    2. The monitoring of geologic migration of carbon dioxide and the detection of carbon dioxide excursions;
    3. Construction standards for carbon dioxide sequestration operations;
    4. Bonding or other financial assurances; and
    5. The closure of carbon dioxide sequestration operations, including post-closure monitoring, verification and maintenance; and to
  3. With the aid of a carbon dioxide sequestration working group, develop a long-term strategy for the regulation of carbon dioxide sequestration.
Climate Action Plan (West Virginia) West Virginia Climate Policies No State/Province The State of West Virginia currently does not have a climate action plan in place or in progress.
Community Development Block Grant/Economic Development Infrastructure Financing (United States) United States Grant Program
Loan Program
Yes Federal Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses. State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.
Corporate Headquarters Tax Credit (West Virginia) West Virginia Corporate Tax Incentive Yes State/Province The Corporate Headquarters Tax Credit is available to companies who relocate their corporate headquarters to West Virginia and create 15 new jobs. The credit can offset up to 100% of the tax liability for business and occupation tax, business franchise tax, corporate net income tax, and personal income tax on certain pass-through income for up to 13 years.
Dam Control and Safety Act (West Virginia) West Virginia Safety and Operational Guidelines Yes State/Province This law grants authority to the secretary of the Department of Environmental Protection to control and exercise regulatory jurisdiction over dams as indicated in the subsections of the law. This includes all inspections, permitting, fees, reviews and investigations necessary to carry out the law. Currently, only four hydroelectric dams exist in West Virginia. This law does not apply to dams that are owned, operated and maintained by the federal government.
Dam Safety Rules (West Virginia) West Virginia Safety and Operational Guidelines Yes State/Province This establishes requirements relating to the design, placement, construction, enlargement, alteration, removal, abandonment, and repair of dams and also establishes requirements to govern the disbursement and use of moneys held in the State Dam Safety Rehabilitation Revolving Fund. These rules do not apply to dams owned, operated, and maintained by the federal government.
Forestry Policies (West Virginia) West Virginia Environmental Regulations Yes State/Province West Virginia's Forests are managed by the State Division of Forestry. In 2010 the State issues its Forest Resource Assessment:

http://www.wvforestry.com/DOF100Assessment_Revised_091310_Part1.pdf

The report summarizes available woody biomass resources, citing harvesting cost as a limiting factor due to complex terrain.

In 2010 the Forestry Division issued the document "Strategic Plan for the sustainability of West Virginia Forests", which included a section summarizing the State Forester's Report to FMRC on the use of wood biomass from West Virginia forests: http://www.wvforestry.com/10DOF_112_FMRC_report_lores.pdf

The Appalachian Hardwood Center has issued an annual Wood Byproducts directory of availability and demand:

http://www.wvcommerce.org/App_Media/assets/doc/energy/11WV_Wood_Byproduct.pdf
Gas Pipeline Safety (West Virginia) West Virginia Safety and Operational Guidelines Yes State/Province The Gas Pipeline Safety Section of the Engineering Division is responsible for the application and enforcement of pipeline safety regulations under Chapter 24B of the West Virginia Code and 49 U.S.C. Chapter 601, §60105(a), relating to certification with the U.S. Department of Transportation. These rules and regulations relate to design, construction, installation, testing, operation and maintenance of pipeline facilities within the State. The Pipeline Safety Section also investigates pipeline accidents or incidents involving the transportation and distribution of natural gas and hazardous liquids by pipeline. These rules are intended to define good operating practices, which can normally be expected and are intended to ensure adequate service and to prevent unfair charges to the public, and to protect the utilities from unreasonable demands.
Guaranteed Work Force Program (West Virginia) West Virginia Workforce development Yes State/Province Small, medium and large West Virginia private-for-profit businesses, including but not limited to: Energy, Technology, Aerospace, Automotive, Business Services, Chemicals/Plastics, Metals, Tourist Destinations, Wood Products, Biometrics, Biotech, Food Products, Printing and Warehouse/Distribution are eligible to be reimbursed for expenses incurred when training new employees. Under this program, the West Virginia Development Office can pay up to 100% or $2,000 per trainee, whichever is less, of training cost of new employees in companies creating at least ten jobs in a one-year period. Amount of award is based on wages and benefits, number of employees, and number to be trained.
Groundwater Protection Act (West Virginia) West Virginia Siting and Permitting Yes State/Province The purposes of this Act are to:
  1. Maintain and protect the state's groundwater resources consistent with this article to protect the present and future beneficial uses of the groundwater;
  2. Provide for the establishment of a state groundwater management program which will:
    1. Define the roles of agencies of the state and political subdivisions with respect to the maintenance and protection of groundwater, and designate a lead agency for groundwater management;
    2. Designate a state agency responsible for establishment of groundwater quality standards;
    3. Provide for the establishment of standards of purity and quality for all groundwater;
    4. Provide for the establishment of groundwater protection programs consistent with this article;
    5. Establish groundwater protection and groundwater remediation funds;
    6. Provide for the mapping and analysis of the state's groundwater resources and coordination of the agencies involved;
    7. Provide for public education on groundwater resources and methods for preventing contamination; and
  3. Provide such enforcement and compliance mechanisms as will assure the implementation of the state's groundwater management program.
Groundwater Protection Plan (West Virginia) West Virginia Siting and Permitting Yes State/Province Groundwater Protection Plans (GPPs) are required for all facilities having the potential to impact groundwater. They are “preventive maintenance” documents that cover all processes and materials at a facility that “may reasonably be expected” to have an effect on groundwater quality. The facility must make an inventory of all potentially contaminating processes and materials, and have structures and practices in place to prevent groundwater contamination from these processes and materials. Groundwater protection practices include, at a minimum, quarterly inspections and maintenance by facility personnel and usually include spill cleanup procedures.
Groundwater Protection Rules Coal Mining Operations (West Virginia) West Virginia Siting and Permitting Yes State/Province These rules establish a series of practices for the protection of groundwater which are to be followed by any person who conducts coal mining operations subject to the provisions of West Virginia Groundwater Protection Act and subject to regulation under the West Virginia Coal Mining and Reclamation Act and/or under West Virginia Water Pollution Control Act as it relates to coal mining operations.
Interconnection Standards (West Virginia) West Virginia Interconnection Yes State/Territory In 2006, West Virginia stakeholders came together to consider net metering, interconnection as required by the Federal Energy Policy Act (2005) and agreed upon a "Statement of Consensus Among Parties," which was presented to and accepted by the West Virginia Public Service Commission (PSC) in December 2006. The consensus agreement did include interconnection guidelines for the state, however, the PSC did not initiate a formal rule-making or incorporate the guidelines into agency rules. Rather, the interconnection guidelines were incorporated into utility net metering tariffs (which are proposed by the utilities). In 2010, the PSC opened a docket to reconsider net metering and interconnection per H.B. 103 (2009). The Order, General Order No. 258, adopted new interconnection standards (Rules Governing Electric Utility Net Metering Arrangements and Interconnections), based almost entirely on the existing interconnection guidelines of the consensus agreement. However, several important improvements were incorporated, including tiered insurance requirements and removing the requirement for external disconnect switches in the case of smaller, inverter-based systems.

West Virginia's interconnection standards include two levels of review. The qualifications and application fees for each level are as follows:

  • Level 1 applies to certified, inverter-based systems with a rated capacity of 25 kilowatts (kW) or less. The maximum application fee for Level 1 applicants is $30.
  • Level 2 applies to certified systems with a capacity of 2 MW or less that do not meet the criteria for inclusion in Level 1. The maximum application fee is $50 plus $1 per kW of capacity.

General Order 258.1 was issued in September 2011 to correct an omission related to the Level 2 Interconnection Agreement. In May 2011, the Commission corrected the omission by incorporating provisions relating to assignment, liability, indemnity, Force Majeure, consequential damages, and default into the standard Level 2 Interconnection Agreement. These rules are effective July 18, 2011.

The rules use IEEE 1547 as the technical standard of evaluation. The rules specify the technical screens which may be applied to applications at each level of review as well as time limits for different stages of the evaluation process. Application forms and interconnection agreements are standardized.

Customer-generators must maintain $100,000 general liability for systems with nameplate capacity of 50 kW or less, $500,000 for systems with nameplate capacity of greater than 50 kW to 500 kW, and $1 million for systems with name plate capacity greater than 500 kW. Utilities may not require customers to install an external disconnect switch for inverter-based, certified systems 25 kW or less.
Interstate Commission on the Potomac River Basin (Multiple States) District of Columbia
Maryland
Pennsylvania
Virginia
West Virginia
Environmental Regulations
Siting and Permitting
Yes Local The Interstate Commission on the Potomac River Basin's (ICPRB) mission is to enhance, protect, and conserve the water and associated land resources of the Potomac River and its tributaries through regional and interstate cooperation. The IPCRB administers an interstate compact, authorized by Congress in 1940, which aims to help the Potomac basin states and the federal government to enhance, protect, and conserve the water and associated land resources of the Potomac River basin. The Commission is responsible for regulating and controlling pollution impacts and water uses. The Commission provides planning coordination for the development and use of the water and associated land resources through cooperation with, and support and coordination of, the activities of federal, state, local and private agencies, groups, and interests concerned with the development, utilization and conservation of the water and associated land resources.
Interstate Mining Compact Commission (multi-state) Alabama
Arkansas
Illinois
Indiana
Kentucky
Louisiana
Maryland
Missouri
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
Texas
Virginia
West Virginia
Safety and Operational Guidelines
Siting and Permitting
Yes State/Province The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives. The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.
Interstate Oil and Gas Conservation Compact (Multiple States) Alabama
Alaska
Arizona
Arkansas
California
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
South Dakota
Texas
Utah
Virginia
West Virginia
Wyoming
Environmental Regulations Yes State/Province The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.
Kyoto Protocol: Enforcement Prohibitions (West Virginia) West Virginia Climate Policies Yes State/Province The West Virginia division of environmental protection shall refrain from proposing or promulgating any new rule intended, in whole or in part, to reduce emissions of greenhouse gases from the residential, commercial, industrial, electric utility or transportation sectors in order to comply with the Kyoto Protocol. In the absence of an act of the Legislature of the state of West Virginia approving same, the West Virginia division of environmental protection shall not submit to the United States environmental protection agency or to any other agency of the federal government any legally enforceable commitments related to the reduction of greenhouse gases, as such gases are defined by the Kyoto Protocol. Nothing in this section shall be construed to limit or to impede state or private participation in any on-going voluntary initiatives to reduce emissions of greenhouse gases, including, but not limited to, the federal environmental protection agency's "Green Lights" program, the federal department of energy's climate challenge program, and similar state and federal initiatives relying on voluntary participation. This article shall remain in effect until repealed by an Act of the Legislature of the state of West Virginia, or until ratification of the Kyoto Protocol by the United States Senate and enactment of federal legislation implementing the Kyoto Protocol.
Linked Deposit Loan Program (West Virginia) West Virginia Loan Program Yes State/Province The Linked Deposit Loan Program is targeted at small, private firms with 50 or fewer employees and gross annual revenues of $5 million or less comes. This loan offered through the West Virginia Development Office, comes with an interest rate of 1 percent above published New York Prime and is up to $250,000. Program Sunsets in 2013.
NPDES Rule for Coal Mining Facilities (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule establishes requirements implementing the powers, duties, and responsibilities of State's Water Pollution Control Act with respect to all coal mines, preparation plants and all refuse and waste therefrom in the State.
Natural Gas Horizontal Well Control Act (West Virginia) West Virginia Siting and Permitting Yes State/Province The Natural Gas Horizontal Well Control Act regulates the construction, alteration, enlargement, abandonment and removal of horizontal wells and associated water and wastewater use and storage. The Act defines a horizontal well as “any well site, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads, or utilizes more than two hundred ten thousand gallons of water in any thirty day period.” Detailed information related to horizontal well permit applications is available on the West Virginia Department of Environmental Protection website: http://www.dep.wv.gov/oil-and-gas/Horizontal-Permits/Pages/default.aspx
Net Metering (West Virginia) West Virginia Net Metering Yes State/Territory Net metering in West Virginia is available to all retail electricity customers. System capacity limits vary depending on the customer type and electric utility type, according to the following table.


Customer Type IOUs with 30,000 customers or more IOUs with fewer than 30,000 customers, municipal utilities, electric cooperatives
Residential 25 kW 25 kW
Commercial 500 kW 50 kW
Industrial 2 MW 50 kW

Systems that generate electricity using "alternative" or "renewable energy" resources are eligible for net metering, including photovoltaics (PV), wind, geothermal, biomass, landfill gas, run of the river hydropower, biofuels, fuel cells, and combined heat and power (technically called "recycled energy" in the rules). Net excess generation (NEG) may be carried over to a customer-generator's next bill as a kilowatt-hour (kWh) credit at retail rate and may be rolled over, indefinitely. The credits may only be applied to the energy portion of the bill (not fixed costs or demand charges, for example). Customers may aggregate meters (either physically or virtually) and apply net metering credits earned on one meter to additional meters, as long as they are located within two miles of the point of generation. The associated costs of meter aggregation are the responsibility of the customer. Net-metering tariffs must be identical in rate structure, retail-rate components, and monthly charges, to the tariff for which the customer would qualify if that customer were not a customer-generator. Customers on a time-of-use (TOU) tariff are permitted to net meter.

Net metering may be accomplished using a single, bi-directional meter or two meters. In the event that two meters are used, the net number of kWh for billing purposes will be determined by subtracting the amount of electricity flowing from the customer to the utility from the amount of electricity flowing from the utility to the customer.

The issue of who owns the alternative energy credits (also known as renewable energy credits, or RECs) remains unresolved. The PSC must establish rules regarding alternative energy credits for the alternative energy portfolio standard, and as a result, the PSC has not yet addressed credit ownership for the purpose of net metering.

Each customer with a net-metered system up to 50 kW must carry a minimum of $100,000 in liability insurance. Customers with systems greater than 50 kW and up to 500 kW are required to carry a minimum of $500,000, and customers with systems greater than 500 kW must carry a minimum of $1 million in liability insurance.

History

The West Virginia Public Service Commission (PSC) approved consensus filings regarding net metering and interconnection guidelines in December 2006. The approved consensus provisions include proposed rules that apply to all electric utilities in the state. Utility tariffs incorporating the consensus net-metering provisions took effect in March 2007. In June 2010, the PSC adopted new net metering and interconnection procedures. In May 2011, the PSC clarified the definition of "run-of-river hydropower" to match the definition in the Alternative and Renewable Energy Portfolio Standard.
Ohio River Valley Water Sanitation Commission (Multiple States) Illinois
Indiana
Kentucky
New York
Ohio
Pennsylvania
Virginia
West Virginia
Environmental Regulations Yes State/Province The Ohio River Valley Water Sanitation Commission (ORSANCO), was established on June 30, 1948 to control and abate pollution in the Ohio River Basin. ORSANCO is an interstate commission representing eight states and the federal government. ORSANCO operates programs to improve water quality in the Ohio River and its tributaries, including: setting waste water discharge standards; performing biological assessments; monitoring for the chemical and physical properties of the waterways; and conducting special surveys and studies. ORSANCO also coordinates emergency response activities for spills or accidental discharges to the river, and promotes public participation in programs, such as the Ohio River Sweep and the RiverWatchers Volunteer Monitoring Program. ORSANCO sets Pollution Control Standards for industrial and municipal waste water discharges to the Ohio River, and tracks certain dischargers whose effluent can seriously impact water quality. The standards designate specific uses for the Ohio, and establish guidelines to ensure that the river is capable of supporting these uses. To keep pace with current issues, ORSANCO reviews the standards every three years. As part of the review process, workshops and public hearings are held for public input.
PJM Interconnection (Multiple States) Delaware
Illinois
Indiana
Kentucky
Maryland
Michigan
New Jersey
North Carolina
Ohio
Pennsylvania
Tennessee
Virginia
West Virginia
District of Columbia
Interconnection Yes Non-Profit PJM (originally Pennsylvania, Jersey, Maryland) Interconnection is a Regional Transmission Organization (RTO) that coordinates the movement of wholesale electricity in all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia. The PJM region has an area of 214,000 square miles, a population of about 60 million and a peak demand of 163,848 megawatts.
Policy for Permitting Low-Emitting Sources (West Virginia) West Virginia Siting and Permitting Yes State/Province While this policy alleviates some requirements on low-emitting emission sources, it does not change the policy of requiring applicants to submit reasonable information concerning all potential emission sources. Reasonable information concerning all equipment, emission units, stationary source, processes, etc. that are part of a proposed construction, modification or other permit application shall be required in a complete permit application and shall be reviewed in terms of their state rule and federal regulation applicability.
Proof of Proper Solid Waste Disposal (West Virginia) West Virginia Safety and Operational Guidelines Yes State/Province This rule provides guidance to persons occupying a residence or operating a business establishment in this state regarding the approved method of providing proof of proper solid waste disposal to the Division of Environmental Protection.
Qualifying RPS State Export Markets (West Virginia) West Virginia Renewables Portfolio Standards and Goals Yes State/Province This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in West Virginia as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (Indiana, North Dakota, South Dakota, Virginia) may be lower.
Requirements Governing Water Quality Standards (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule establishes the requirements governing the discharge or deposit of sewage, industrial wastes and other wastes into waters and establishes water quality standards.
Residential Solar Energy Tax Credit (West Virginia) West Virginia Personal Tax Credit No State/Territory Note: This tax credit is not available for systems installed after June 30, 2013. The summary below describes this credit as it was, and is available for informational purposes.

West Virginia passed legislation in June 2009 authorizing its solar energy tax credit for residential installations. The tax credit, which is 30% of the cost to purchase and install the system, is capped at $2,000. Eligible technologies include systems that use solar energy to generate electricity, heat or cool a residence, or provide hot water or solar process heat for use in the residence. Solar systems for heating a pool or hot tub are not eligible. The solar energy systems installed to provide hot water must derive 50% or more of its energy to heat or cool from the sun. If the credit exceeds the taxpayer's liability, the unused portion of the credit may be carried forward to "each of the next taxable years" until it is used (but may not be carried forward past July 1, 2014).

Taxpayers must complete Schedule SETC and file it along with their personal state tax returns.
Sewage Sludge Management Rule (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule establishes requirements for the permitting siting, bonding, installation, establishment, construction, modification, and operation of any facility that generates, processes, recycles and/or disposes of sewage sludge by whatever means, including, but not limited to, land application, composting, incineration, mixed waste composting, or any other method of handling sewage sludge within the state. This rule applies to any person who owns or operates a sewage sludge facility or who is responsible for the processing or disposal of sewage sludge.
Solar Rights West Virginia Solar/Wind Access Policy Yes State/Territory In March 2012, West Virginia enacted legislation (H.B. 2740) that restricts housing associations from prohibiting solar energy systems on homes. Any governing document executed or recorded after June 8, 2012, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. However, housing association members may vote to establish or remove a restriction that prohibits or restricts the installation or use of a solar energy system.

A solar energy system is defined as "a system affixed to a building or buildings that uses solar devices, which are thermally isolated from living space or any other area where the energy is used, to provide for the collection, storage, or distribution of solar energy."

This prohibition does not apply to provisions that impose "reasonable restrictions" on solar energy systems, including restrictions for historical preservation, architectural significance, religious or cultural importance to a given community. In addition, the law specifies that state and local authorities may regulate solar energy systems by establishing land use, health and safety standards, and that housing associations may restrict or limit the installation of solar energy systems installed in common areas and common structures.
Solid Waste Assessment Fee Exemptions (West Virginia) West Virginia Rebate Program Yes State/Province A person who owns, operates, or leases an approved solid waste disposal facility is exempt from the payment of solid waste assessment fees, upon the receipt of a Certificate of Exemption from the director, if that facility is used exclusively to dispose of waste originally produced by such person in his or her regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis.
Solid Waste Management Act (West Virginia) West Virginia Siting and Permitting Yes State/Province In addition to establishing a comprehensive program of controlling all phases of solid waste management and assigning responsibilities for solid waste management to the Secretary of Department of Environmental Protection, the Act also contains a special provision for wood waste. Specifically, this section allows for the combustion of wood waste without a solid waste facility permit and allows facilities to use wood waste as an alternative fuel.
Solid Waste Management Rule (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule establishes requirements for the siting, financial assurance, installation, establishment, construction, design, groundwater monitoring, modification, operation, permitting, closure and post-closure care of any solid waste facility that processes, recycles, composts, transfers or disposes of solid waste. This rule applies to any person who owns or operates a solid waste facility or who is responsible for the processing, composting, commercial recycling, transfer or disposal of solid waste, except for those recycling facilities exempted from permitting requirements.
Southern States Energy Compact (Multiple States) Alabama
Arkansas
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
Missouri
North Carolina
Oklahoma
Puerto Rico
South Carolina
Tennessee
Texas
United States Virgin Islands
Virginia
West Virginia
Industry Recruitment/Support
Environmental Regulations
Yes State/Province The Southern States Energy Compact provides for the proper employment and conservation of energy, and for the employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, among the Southeastern states, Puerto Rico, and the U.S. Virgin Islands. The Southern States Energy Board is responsible for administering the Compact and may adopt bylaws, rules, and regulations in conjunction with state agencies. The Board also encourages the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and a healthy environment.
Special Assessment for Wind Energy Systems (West Virginia) West Virginia Property Tax Incentive Yes State/Territory For the purposes of property tax assessment, utility-owned wind projects are considered to have a value equal to their salvage value, with certain limitations. This incentive effectively lowers the property tax base on utility-owned wind turbines from 100% of fair market value to as little as 24.95% of fair market value.* This results in an effective property tax rate on wind turbines that is 24.95% of the effective tax rate on most other types of newly constructed electricity-generating units.


*The law states that up to 79% of the total property may be assigned salvage value. Salvage value of a pollution control facility, of which a wind turbine is considered for assessment purposes, is 5%. Therefore, if 79% of the property is valued at 5% (salvage value), and the remaining 21% of the property is valued at 100%, the effective value for property tax purposes is 24.95%.
Tax Exemption for Wind Energy Generation (West Virginia) West Virginia Corporate Exemption Yes State/Territory In March 2007, West Virginia enacted legislation (SB 441) amending its tax law concerning the business and operation (B&O) tax for wind turbines. Although SB 441 increased the taxable value of wind turbine generating capacity, the taxation level is still significantly lower than that of most other types of electricity generation. For most types of newly constructed electricity-generating units, the B&O tax is calculated by multiplying a pre-determined dollar amount by 40% of the nameplate capacity rating of the generating unit. However, the B&O tax on wind turbines is multiplied by only 12% of the nameplate capacity rating. This results in an effective B&O tax rate on wind powered turbines that is about 30% of the effective tax rate of most other types of newly constructed generating units.
Underground Gas Storage Reservoirs (West Virginia) West Virginia Safety and Operational Guidelines Yes State/Province Lays out guidelines for the conditions under which coal mining operations must notify state authorities of intentions to mine where underground gas is stored as well as map and data requirements, inspection of facilities and penalties.
Underground Injection Control (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule set forth criteria and standards for the requirements which apply to the State Underground Injection Control Program (U.I.C.). The UIC permit program regulates underground injections by 5 classes of wells. All owners or operators of these injection wells must be authorized either by permit or rule by the Director.
Underground Injection Control Fee Schedule (West Virginia) West Virginia Fees Yes State/Province This rule establishes schedules of permit fees for state under‑ground injection control permits issued by the Chief of the Office of Water Resources. This rule applies to any person who is required to apply for and obtain a permit from the Chief in order to conduct an underground injection activity.
Underground Storage Tank Act (West Virginia) West Virginia Siting and Permitting Yes State/Province New underground storage tank construction standards must include at least the following requirements: (1) That an underground storage tank will prevent releases of regulated substances stored therein, which may occur as a result of corrosion or structural failure, for the operational life of the tank; (2) That an underground storage tank will be cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material or designed in a manner to prevent the release or threatened release of stored regulated substances; and (3) That materials used in the construction or lining of an underground storage tank are compatible with the regulated substances to be stored therein. For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing the provisions of this article, any owner or operator of an underground storage tank shall, upon request of the director, furnish information relating to such tanks, their associated equipment and contents, conduct reasonable monitoring or testing, permit the director or his or her authorized representative at all reasonable times to have access to, and to copy all records relating to such tanks and permit the director or his or her authorized representative to have access to the underground storage tank for corrective action.
Underground Storage Tanks (West Virginia) West Virginia Siting and Permitting Yes State/Province This rule governs the construction, installation, upgrading, use, maintenance, testing, and closure of underground storage tanks, including certification requirements for individuals who install, repair, retrofit, upgrade, perform change-in-service, close, or tightness test underground storage tank systems or install, repair, upgrade, or test corrosion protection on underground storage tank systems.
Water Pollution Control Act (West Virginia) West Virginia Siting and Permitting Yes State/Province The Water Pollution Control Act empowers the Division of Water and Waste Management of the West Virginia Department of Environmental Protection to maintain reasonable standards of purity and quality of the water of the state consistent with (1) public health and public enjoyment thereof; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development. It is also the public policy of the state of West Virginia that the water resources of this state with respect to the quantity thereof be available for reasonable use by all of the citizens of this state.
Water Resources Protection and Management Act (West Virginia) West Virginia Siting and Permitting Yes State/Province Large quantity water users, except those who purchase water from a public or private water utility or other service that is reporting its total withdrawal, shall register with the Department of Environmental Protection and provide all requested survey information regarding withdrawals of the water resources. Multiple withdrawals from state water resources that are made or controlled by a single person and used at one facility or location shall be considered a single withdrawal of water. Large quantity users who withdraw water from a West Virginia water resource shall comply with the survey and registration requirements of this article.
Water pollution Control Permit Fee Schedules (West Virginia) West Virginia Fees
Siting and Permitting
Yes State/Province This rule establishes schedules of permit application fees and annual permit fees for state water pollution control permits and national pollutant discharge elimination system permits issued by the Director of the Division of Water and Waste Management. This rule applies to any person who is required to apply for and obtain a permit from the Director in order to conduct any activity.
West Virginia Direct Loan Program (West Virginia) West Virginia Loan Program Yes State/Province The West Virginia Direct Loan Program, provides up to 45 percent in financing fixed assets through low-interest, direct loans to businesses expanding or locating in West Virginia. Proceeds from the program may be used for the acquisition of land, buildings and equipment.
West Virginia Loan Insurance Program (West Virginia) West Virginia Loan Program Yes State/Province The West Virginia Loan Insurance Program, provides a loan insurance program in cooperation with third party lenders to assist firms that cannot obtain conventional bank financing. Up to 80% of the loan can be insured for a maximum period of four years.
West Virginia Venture Capital (West Virginia) West Virginia Equity Investment Yes State/Province The West Virginia Venture Capital provides investment funds to eligible businesses stimulating economic growth and providing or retaining jobs within the state through qualified venture capital companies. Terms and conditions for funding eligibility are dependent on the varying terms of participating venture capital funds.