reglab/statecodes huggingface dataset:
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 535 - ODOR CONTROL MEASURES

Current through Register Vol. 24-14, July 15, 2024
535.1 Appropriate
			 practices and control equipment shall be installed and operated to reduce
			 odor-bearing gasses emitted into the atmosphere to a reasonable
			 minimum.
535.2 The Board or Control
			 Officer may establish requirements that the building or equipment be enclosed
			 and ventilated in such a way that odor-bearing gasses are effectively treated
			 for removal or destruction of odorous matter or other air contaminants before
			 emission to the atmosphere.
535.3
			 Any person who shall cause or allow the generation of any odor from any source
			 which may unreasonably interfere with any other property owner's use and
			 enjoyment of his or her property must use recognized best practices and control
			 equipment to reduce these odors to a reasonable minimum.
535.4 Odor emissions detrimental to persons
			 or property. No person shall cause or permit the emission of any odorous air
			 contaminant from any source if it is detrimental to the health, safety, or
			 welfare of any person, or causes damage to property or business.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 540 - EMISSION OF AIR CONTAMINANT: CONCEALMENT AND MASKING

Current through Register Vol. 24-14, July 15, 2024
540.1 It shall be
			 unlawful for any person to willfully cause or permit the installation or use of
			 any device or use of any means which, without resulting in a reduction in the
			 total amount of air contaminant emitted, conceals an emission of air
			 contaminant which would otherwise violate the emission standards of this
			 Regulation.
540.2 It shall be
			 unlawful for any person to cause or permit the installation or use of any
			 device or use of any means designed to mask the emission of an air contaminant
			 which causes detriment to health, safety, or welfare of any person.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 550 - PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE

Current through Register Vol. 24-14, July 15, 2024
550.1 The owner or
			 operator of a source or activity that generates fugitive dust, including, but
			 not limited to, material handling, building construction or demolition,
			 abrasive blasting, roadways and lots, shall employ reasonable precautions to
			 prevent fugitive dust from becoming airborne and must maintain and operate the
			 source or activity to minimize emissions.
550.2 It shall be unlawful for any person to
			 cause or allow the emission of particulate matter which becomes deposited upon
			 the property of others in sufficient quantities and of such characteristics and
			 duration as is, or is likely to be, injurious to human health, plant or animal
			 life, or property, or which unreasonably interferes with enjoyment of life and
			 property.
550.3 For this section,
			 reasonable precautions may include, but are not limited to:
(A) Applying and reapplying water as
			 necessary on materials and/or surfaces (e.g., access roads, etc.);
(B) Using enclosed conveyors, containment,
			 and covered containers when handling and transferring materials;
(C) Covering loads when transporting
			 material;
(D) Limiting vehicle
			 speed on unpaved surfaces;
(E)
			 Paving or installing quarry spalls at exit aprons;
(F) Cleaning vehicle tires and undercarriages
			 before exiting to paved public roadways; and
(G) Promptly cleaning material that has been
			 tracked out onto paved public roadways.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 560 - STORAGE OF ORGANIC LIQUID

Current through Register Vol. 24-14, July 15, 2024
560.1 A person
			 shall not place, store or hold in any stationary tank, reservoir or other
			 container of more than 40,000 gallons, any petroleum liquids or a tank greater
			 than 6,000 gallons capacity or greater containing other organic liquids or
			 solvents having a True Vapor Pressure of 1.5 pounds per square inch or greater
			 under actual storage conditions, unless such tank, reservoir or other container
			 is a pressure tank maintaining working pressure sufficient at all times to
			 prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and
			 equipped with one of the following vapor loss control devices, properly
			 installed, in good working order and in operation:
560.11 A floating roof, consisting of a
			 pontoon type or double-deck type roof, resting on the surface of the liquid
			 contents and equipped with a closure seal, or seals, to close the space between
			 the roof edge and tank wall. The control equipment provided for in this
			 paragraph shall not be used if the gasoline or petroleum distillate has a True
			 Vapor Pressure of 11.1 pounds per square inch or greater under actual storage
			 conditions. All tank gauging and sampling devices shall be gas-tight except
			 when gauging or sampling is taking place.
560.12 A vapor recovery system, consisting of
			 a vapor gathering system capable of collecting the hydrocarbon vapors and gases
			 discharged and a vapor disposal system capable of processing such hydrocarbon
			 vapors and gases so as to prevent their emission to the atmosphere and with all
			 tank gauging devices gas-tight except when gauging or sampling is taking
			 place.
560.13 Other equipment of
			 equal efficiency, provided such equipment is submitted to and approved by the
			 Control Officer.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580 - VOLATILE ORGANIC COMPOUND CONTROL

Current through Register Vol. 24-14, July 15, 2024
580.1 The Board of
			 Directors has noted the measurement of ozone concentrations (one hour ave.)
			 nearing the Federal ambient standard at the northern and southern boundaries of
			 the NWCAA jurisdiction. The expanding population and the presence of four large
			 refineries contribute volatile organic compound (VOC) emissions to the
			 atmosphere. Photochemically reactive VOC's are precursors to ozone formation.
			 In order to maintain the current attainment status for ozone, the Board has
			 adopted specific measures to control VOC emissions. Reasonable Available
			 Control Technology (RACT) is required for existing refinery operations,
			 gasoline marketing, and in the use of cutback asphalt. RACT is defined as the
			 lowest emission limit that a particular source is capable of meeting by the
			 application of control that is reasonably available considering technological
			 and economic feasibility.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.2 - Petroleum Refineries

Current through Register Vol. 24-14, July 15, 2024
580.21 This section
			 shall apply to all petroleum refineries with a crude oil or feed stock capacity
			 greater than three hundred eighteen thousand liters (2,000 barrels) per
			 day.
580.22 It shall be unlawful
			 for any person to cause or allow the disposal of VOC from the vacuum producing
			 systems covered under this subsection except as follows:
580.221 Noncondensable VOC shall be piped to
			 an appropriate firebox, incinerator or to a closed refinery system.
580.222 Hot wells associated with contact
			 condensers shall be tightly covered and the collected VOC introduced into a
			 closed refinery system.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.3 - High Vapor Pressure Volatile Organic Compound Storage Tanks

Current through Register Vol. 24-14, July 15, 2024
580.31 Subsections
			 580.32 through 580.37 shall apply to all tanks which store volatile organic
			 compounds with a true vapor pressure as stored greater than 10.5 kilopascals
			 (Kpa) 1.5 pounds per square inch (psia), but less than 77.7 Kpa (11.1 psia) at
			 calendar-month average storage temperatures and have a capacity greater than
			 one hundred fifty thousand liters (40,000 gallons).
580.32 It shall be unlawful for any person to
			 cause or allow storage of volatile organic compounds as specified in Section
			 580.31 unless each storage tank or container:
580.321 Meets the equipment specifications
			 and maintenance requirements of the Federal Standards of Performance for New
			 Stationary Sources -Storage Vessels for Petroleum Liquids (   40 CFR 60, subpart
			 Kb); or
580.322 Is retrofitted with
			 a floating roof or internal floating cover using a metallic seal or a
			 nonmetallic resilient seal at least meeting the equipment specifications of the
			 Federal standards referred to in 580.321 of this subsection, or its equivalent;
			 or
580.323 Is fitted with a
			 floating roof or internal floating cover meeting be manufacturers equipment
			 specifications in effect when it was installed.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.4 - Gasoline Loading Terminals

Current through Register Vol. 24-14, July 15, 2024
580.41 Section
			 580.42 shall apply to all gasoline loading terminals with an annual gasoline
			 throughput greater than twenty-seven million three hundred thousand liters
			 (7,200,000 gallons).
580.42 It
			 shall be unlawful for any person to cause or allow the loading of gasoline into
			 any transport tank unless all the following conditions are met:
580.421 The loading terminal shall employ
			 submerged loading or bottom loading and be equipped with a vapor control
			 system.
580.422 All loading lines
			 and vapor lines shall be equipped with vapor-tight fittings which close
			 automatically upon disconnect. The point of closure shall be on the tank side
			 of any hose or immediate connecting line.
580.423 All vapor return lines shall be
			 connected between the transport tank and the vapor control system such that all
			 displaced volatile organic compounds are vented to the vapor control
			 system.
580.424 The vapor control
			 system shall prevent the emission of at least 90 percent by weight of the
			 volatile organic compounds and shall limit the emission of volatile organic
			 compounds to no more than 10 milligrams per liter of gasoline transferred.
			 Compliance shall be demonstrated biennially by conducting emission testing
			 according to EPA Method 25 or another method approved by the Control Officer.
			 Thirty days advance notification is required.
580.425 The vapor control system shall be
			 equipped with an appropriate alarm system to alert personnel when the system is
			 not in compliance with 580.424. Prior approval by the Control Officer is
			 required.
580.426 All loading arms
			 shall be designed, maintained and operated to prevent overfill, prevent
			 fugitive liquid or vapor leaks, and prevent excess gasoline drainage during
			 disconnect in accordance with the requirements of 580.10.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.5 - Bulk Gasoline Plants

Current through Register Vol. 24-14, July 15, 2024
580.51 Section
			 580.5 shall apply to all gasoline bulk plants.
580.511 It shall be unlawful for any person
			 to cause or allow the storage of gasoline in tanks with a capacity of two
			 thousand one hundred liters (550 gallons) or greater unless such storage is in
			 tanks meeting the following conditions:
580.5111 Each storage tank shall be equipped
			 with a submerged fill line.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.6 - Gasoline Stations

Current through Register Vol. 24-14, July 15, 2024
580.61 Section
			 580.62 shall apply to:
580.611 All gasoline
			 stations with a total annual gasoline throughput greater than seven hundred and
			 fifty-seven thousand liters (200,000 gallons) and
580.612 All gasoline stations installed or
			 reconstructed after January 1, 1990 with a nominal total gasoline storage
			 capacity greater than thirty-eight thousand liters (10,000 gallons).
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.7 - Cutback Asphalt Paving

Current through Register Vol. 24-14, July 15, 2024
580.71 After June
			 1, 1990, it shall be unlawful for any person to cause or allow the use of
			 cutback asphalt in paving during the months of June, July, August and
			 September, except as provided for in 580.72 of this section.
580.72 The following paving uses and
			 applications of cutback asphalts are permitted during all months of the year;
580.721 As a penetrating prime coat on
			 aggregate bases prior to paving.
580.722 The manufacture of patching mixes
			 used exclusively for pavement maintenance and needed to be stockpiled for times
			 longer than one month.
580.723 All
			 paving uses when the temperature during application is below 10 °C (50
			 °F).
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.8 - Petroleum Refinery Equipment Leaks

Current through Register Vol. 24-14, July 15, 2024
580.81 This section
			 shall apply to all components (pump seals, compressor seals, pipeline valves
			 and relief valves) handling volatile organic compounds at petroleum refinery
			 process units and loading sites which utilize butane or lighter hydrocarbons as
			 a primary feedstock. The process units shall include alkylation,
			 polymerization, and LPG loading. This section does not apply to systems or
			 facilities in which or to which natural gas or refinery fuel gas are
			 supplied.
580.82 It shall be
			 unlawful to install or operate a sample point at the end of a pipe or line
			 containing VOC unless the pipe or line is sealed with a second suitable
			 closure. Exceptions to this requirement are the ends of a pipe or line
			 connected to pressure relief valves, aspirator vents or other devices
			 specifically required to be open for safety protection. The sealing device
			 shall be removed only when a sample is being taken or during maintenance
			 operations.
580.83 It shall be
			 unlawful for any person to cause or allow the operation of a petroleum refinery
			 unless such person conducts a fugitive leak detection and repair program for
			 process units specified in 580.81 and 580.82 consistent with the provisions of
			   40 CFR 60.591  -  60.593. Where compliance with   40 CFR 60.591  -  60.593   results in any
			 expansion of a facilities current LDAR program or modification of an existing
			 facility, the date of applicability for the new portion of the program shall be
			 August 31, 1998.
580.84 Pressure
			 relief devices that are connected to an operating flare header, vapor recovery
			 device, inaccessible valves, storage tank valves and valves that are not
			 externally regulated are exempt from the monitoring requirements of this
			 Section.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.9 - High Vapor Pressure Volatile Organic Compound Storage in External Floating Roof Tanks

Current through Register Vol. 24-14, July 15, 2024
580.91 This section
			 shall apply to all VOC storage vessels equipped with external floating roofs,
			 having capacities greater than 150,000 liters (40,000 gallons). Compliance with
			 this section shall be achieved by December 31, 1999.
580.92 This section does not apply to storage
			 vessels that:
580.921 Are used to store waxy,
			 heavy pour crude oil;
580.922 Have
			 capacities less than 1,600,000 liters (420,000 gallons) and are used to store
			 produced crude oil and condensate prior to lease custody transfer;
580.923 Contain a volatile organic compound
			 with a true vapor pressure of less than 10.5 kPa (1.5 psia);
580.924 Contain a volatile organic compound
			 with a true vapor pressure less than 27.6 kPa (4.0 psia), are of welded
			 construction, and presently possess a metallic-type shoe seal, a liquid-mounted
			 foam seal, a liquid-mounted liquid fill type seal, or other equivalent closure
			 device approved by the Control Officer; or
580.925 Are of welded construction, equipped
			 with a metallic-type shoe primary seal and have a shoe-mounted secondary
			 seal.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.10 - Leaks From Gasoline Transport Tanks and Vapor Control Systems

Current through Register Vol. 24-14, July 15, 2024
580.101
Applicability
This Section shall apply to all gasoline
			 transport tanks and all facilities subject to 580.4, 580.5, and 580.6 of the
			 Northwest Clean Air Agency Regulation.
580.102
Transport Tanks (also
			 referred to as cargo tanks)
It shall be unlawful for any person to
			 cause or allow the transfer of gasoline between a facility subject to the
			 requirements of this Section and a gasoline transport tank unless:
580.1021 a current (within 365 days) vapor
			 tightness test certification for the transport tank is on file with the
			 facility or is available in the transport vehicle.
(a) The vapor tightness test shall be
			 conducted annually in accordance with the procedures specified in   40 CFR
			 63.425(e)   and;
(b) The complete
			 vapor tightness certificate shall be on a form approved by the Northwest Clean
			 Air Agency.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 580.11 - Scope, Registration, Reporting and Notice of Construction

Current through Register Vol. 24-14, July 15, 2024
580.111 The owner
			 or operator of a stationary emission source of VOC shall notify the NWCAA and
			 register the source in compliance with Sections 300, 320, 321, 324.
580.112 The owner or operator of a registered
			 stationary emission source of VOC shall furnish, upon request of the Control
			 Officer, such data as the NWCAA may require to calculate the emission of the
			 source and evaluate the emission control program; and such other data at times
			 as may be required by the Control Officer. The data shall be supplied not later
			 than (60) sixty days following the request, in a form and according to
			 instructions received from the Control Officer.
580.113 Owners or operators of stationary
			 emission sources of VOC, as defined in Section 580, shall demonstrate
			 compliance with these regulations, using procedures approved by the Control
			 Officer. These procedures shall comply with established EPA/DOE/CARB Reference
			 Testing Methods. Where source sampling is required, procedures shall be used as
			 specified in Section 180 of the NWCAA Regulation.
580.114 The owner or operator of any source
			 of VOC emissions subject to the provisions of Section 580 shall:
580.1141 Install, operate, and maintain,
			 process and/or control equipment, monitoring instruments or procedures as
			 necessary to comply with paragraph 580.113 of this section; provided that use
			 of Monitoring instruments or procedures is required only as specified in
			 EPA/DOE/CARB Documents cited in subsection 580.113.
580.1142 Maintain, in writing, records and/or
			 reports relating to monitoring instruments or procedures which will, upon
			 review, document the compliance status of the VOC emission source or control
			 equipment to the satisfaction of the Control Officer. Reports shall be
			 forwarded to the Control Officer as required by procedures cited in 580.113.
			 For sources subject to 580.6 and 580.7, no records or reports are
			 required.
580.1143 The provisions
			 of the NWCAA Regulation regarding Notices of Construction shall apply to new or
			 altered VOC emission source, and no person shall construct, install, or
			 establish a new or altered VOC emission source except in compliance
			 therewith.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 590 - PERCHLOROETHYLENE DRY CLEANERS

Current through Register Vol. 24-14, July 15, 2024
590.1
			 Applicability. This section applies to all dry cleaning systems using
			 perchloroethylene.
590.2
			 Definitions.
AREA SOURCE
- Any perchloroethylene
				dry cleaning facility that does not have the potential to emit more that 10
				tons per year of perchloroethylene to the atmosphere.
BIWEEKLY
- Any 14-day period of
				time.
CARBON ADSORBER
- A bed of activated
				carbon into which an air-perchloroethylene gas-vapor stream is routed and which
				adsorbs the perchloroethylene on the carbon.
DESORPTION
- Regeneration of a carbon
				adsorber by removal of the perchloroethylene adsorbed onto the carbon.
HALOGENATED HYDROCARBON DETECTOR
- A
				portable device capable of detecting vapor concentrations of perchloroethylene
				of 25 parts per million by volume and indicating a concentration of 25 parts
				per million by volume or greater by emitting an audible or visual signal that
				varies as the concentration changes.
PERCEPTIBLE LEAKS
- Any
				perchloroethylene vapor or liquid leaks that are obvious from:
a. The odor of perchloroethylene;
			 or
b. Visual observation, such as
			 pools or droplets of liquid; or
c.
			 The detection of gas flow by passing fingers over the surface of equipment.
PERCHLOROETHYLENE GAS ANALYZER
- A
				flame ionization detector, photoionization detector, or infrared analyzer
				capable of detecting vapor concentrations of perchloroethylene of 25 parts per
				million by volume.
RECONSTRUCTION
- For the purpose of
				Section 590, means the replacement of any components of a dry cleaning system
				to such an extent that the fixed capital cost of the new components exceeds 50
				percent of the fixed capital cost that would be required to construct a
				comparable new dry cleaning system.
RESIDENCE
- Any dwelling or housing in
				which people reside excluding short-term housing that is occupied by the same
				person for a period of less than 180 days (such as a hotel room).
VAPOR LEAK
- A perchloroethylene vapor
				concentration exceeding 25 parts per million by volume (50 parts per volume as
				methane) as indicated by a halogenated hydrocarbon detector or
				perchloroethylene gas analyzer.
Washington Administrative Code › Title - Northwest Clean Air Agency › 600 - OBJECTIVES AND PLANNING CRITERIA › Sec2 600 - FOREWORD

Current through Register Vol. 24-14, July 15, 2024
600.1 Ambient air
			 quality objectives are not to be confused with air quality standards, but are
			 goals to be strived for. They are intended to describe a level of air quality
			 which will:
600.11 Not degrade human health
			 and safety.
600.12 Avoid injury to
			 plant and animal life and property.
600.13 Be consistent with the economic and
			 social well being of the area.
Washington Administrative Code › Title - Northwest Clean Air Agency › 600 - OBJECTIVES AND PLANNING CRITERIA › Sec2 601 - APPLICATION OF OBJECTIVES

Current through Register Vol. 24-14, July 15, 2024
601.1 The NWCAA may
			 employ any reasonable method or combination of methods such as area sampling,
			 source sampling, emission evaluation and assessment of source contribution and
			 effect.
601.2 Consistent with
			 Section 600.1 of this Regulation, it is the intent of the NWCAA to establish
			 emission standards such that emissions in one area will not contravene the
			 objectives in another area.
Washington Administrative Code › Title - Northwest Clean Air Agency › 600 - OBJECTIVES AND PLANNING CRITERIA › Sec2 602 - AMBIENT AIR QUALITY AREAS

Current through Register Vol. 24-14, July 15, 2024
602.1 Air pollution
			 potentials vary within the jurisdiction of the NWCAA with varying degrees of
			 social and economic development. These factors in combination with topographic
			 and meteorological elements tend to accentuate or reduce emission
			 effects.
602.2 The ambient air
			 quality goals are defined for three areas within the jurisdiction of the NWCAA.
602.21 Area #1 - predominantly used for
			 timber and agricultural crops, farming and recreation. Habitation and industry
			 sparse.
602.22 Area #2 - dwelling
			 units, small farms, commercial and office buildings and stores.
602.23 Area #3 - primarily light and heavy
			 industry.
Washington Administrative Code › Title - Northwest Clean Air Agency › 600 - OBJECTIVES AND PLANNING CRITERIA › Sec2 603 - AMBIENT AIR QUALITY OBJECTIVES

Current through Register Vol. 24-14, July 15, 2024
603.1
Particulates
AREA
#1
#2
#3
603.11 Suspended Particulates
						  (PM10) [MICRO]g/m3 Sampling
						  period - 24 hrs
50% of annual values less than
40.
50.
65.
84% of annual values less than
60.
75.
100.
603.12 Settleable Particulates
						  g/m2/mo Sampling Period - 30 days
50% of annual values less than
030.
045.
060.
84% of annual values less than
035.
055.
120.
603.2
Sulfur Dioxide (ppm by volume)
Sampling period - 24 hours
50% of annual values less than
0.1
0.1
0.15
Sampling period - one hour
95% of annual values less than
0.25
0.30
0.40
603.3
Sulfur Acid Mist
						  (mg/m3)
Sampling period - 24 hours
50% of annual values less than
0.1
0.1
0.15
603.4
Hydrogen Sulfide (ppm by volume)
Sampling period - two hours
50% of annual values less than
0.04
0.06
0.10
603.5
Total Oxidants (ppm by volume)
Sampling period - one hour
50% of annual values less than
0.1
0.15
0.15
603.6
Fluorides (ppm by volume as HF)
Sampling period - 24 hours
50% of annual values less than
0.001
0.001
0.002
603.7
Carbon Monoxide (24 hour average)
5 ppm
603.8
Smoke
. The ambient air shall not contain visible smoke
			 which is inconsistent with the economic or social well-being of the community
			 or which will prevent enjoyment and use of property. The ambient air shall not
			 contain materials in an amount such that the Coefficient of Haze will exceed
			 0.5 COH's per one thousand (1000) linear feet of air. The degree of haze
			 present in the ambient air shall be referred to as the Soling Index.
603.9
Odorous
			 Substances
. The ambient air shall not contain odorous substances
			 in such concentrations or of such duration as will threaten health or safety or
			 prevent the enjoyment and use of property.
603.10
Radioactive
			 Substances
. The ambient air shall not contain any radioactive
			 substances in concentrations which are deleterious, either directly or
			 indirectly, to human health or which affect the economic or social well-being
			 of the community.
603.11
Other Toxic or Deleterious Substances
. The ambient air
			 shall not contain toxic or deleterious substances, in addition to those
			 specifically listed in these objectives, in concentrations and durations which
			 have been demonstrated to adversely affect human health or well-being, or
			 unreasonably and adversely affect plant or animal life.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative rule establishes general rules for the regulation of certification,
				registration, authorization and licensure of certified public accountants, the
				registration, licensure, and authorization of public accountants, and for the
				authorization and permitting of firms.
1.2. Authority. -- W. Va. Code §
									30-9-5.
1.3. Filing Date. -- March 29, 2024
1.4. Effective Date. - March 29,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2032.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-3 - Board Organization and Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				At its first meeting after July 1 of each year, the Board shall elect a
				president, a vice president, a secretary, and an assistant secretary from among
				its members. All officers shall be elected for a term of one (1) year and each
				shall continue in office until his or her successor has been elected and
				qualified or until his or her term as a member of the Board expires.
3.2. The Board shall meet in Charleston or
				elsewhere in West Virginia as it may elect, at least twice each year, and shall
				remain in session as long as necessary in order to transact its business.
				Meetings shall be held upon notice by the president of the Board or by joint
				call of any three (3) of its members and may be held at any reasonable time or
				place designated in the notice of the meeting.
3.3. A majority of the Board constitutes a
				quorum for the transaction of business.
3.4. The Board shall establish an office in
				West Virginia, if it is considered necessary and desirable, to transact the
				day-to-day business of the Board and for the maintenance of its files and
				records. The Board shall designate one (1) of its principal officers or any
				other person as the executive officer in charge of its office and shall arrange
				his or her compensation in the form of a per diem allowance or as a salary. The
				executive officer, with the approval of the Board, may employ such assistance
				as may be necessary for efficient performance of his or her duties.
3.5. The Board shall designate and cause to
				have prepared those forms it considers necessary or expedient to the discharge
				of its duties, the convenience of applicants for licensure, and the compilation
				of proper records. As soon as practicable after July 1 of each year the Board
				shall publish a roster showing the names and addresses of all holders of
				certificates, registrations, permits and authorizations during the fiscal year
				beginning on that date.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-6 - Examination for Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Administration of the Examination. The Board may make use of all or any part of
				the Uniform Certified Public Accountant Examination and Advisory Grading
				Service of the AICPA and may contract with third parties to perform any
				administrative services with respect to the examination that it considers
				appropriate to assist it in performing its duties hereunder.
6.2. Application for Examination.
6.2.a. An applicant for examination shall
				meet the requirements of 6.2. and shall complete the application form
				prescribed by the Board and furnish all information, documentation, references,
				and fees required in Section 18 of this Rule. Applications shall be filed in
				the Board office no later than 30 days prior to the date on which the candidate
				intends to sit for his/her first testing section.
6.2.b. An application will not be considered
				filed until the application fee and examination fee required by these Rules and
				all required supporting documents have been received, including proof of
				identity as determined by the Board and specified on the application form,
				official transcripts and proof that candidate has satisfied the education
				requirement.
6.2.c. Any candidate
				who fails to appear for the examination shall forfeit all fees charged for both
				the application and the examination.
6.2.d. The Board or its designee will forward
				notification of eligibility for the computer-based examination to NASBA's
				National Candidate Database.
6.2.e.
				If the candidate fails to take any part of the examination in thirty (30)
				months from the time the application is filed with the Board, the applicant
				shall complete a new application for certification examination under the
				requirements existing at the time the new application is completed.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-7 - Certificate Renewal; Condition of Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All registrants and certificants shall
				annually renew their certificates from the Board in order to offer professional
				services to the public. Licenses are valid for a period of one (1) year (or
				portion thereof) ending on June 30 of each year. All registrants and
				certificants shall file with the Board a written notification of any change of
				home or employment address within thirty (30) days after its
				occurrence.
7.2. Applicants for
				renewal of a certificate shall complete the forms prescribed by the Board and
				furnish all information and documentation required in the form, as well as the
				license fee provided for in Section 18 of this Rule.
7.2.a. An applicant shall list all states in
				which he or she has applied for or holds an out-of-state certificate and any
				past denial, revocation or suspension of an out-of-state certificate.
7.2.b. The Board shall not consider an
				application unless the fee provided by this Rule accompanies the
				application.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-8 - Peer Review

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of subdivisions 12.2.e. and 12.3.e., the Board
				  shall accept (i) the peer review program offered by the AICPA and administered
				  by the West Virginia Society of Certified Public Accountants or (ii) any other
				  peer review program that the Board deems comparable in terms of quality,
				  thoroughness and reliability to the AICPA peer review program. If an applicant
				  intends to use a peer review program other than the AICPA peer review program,
				  the applicant shall submit detailed information concerning the peer review
				  program (including but not limited to the sponsor of the program, the standards
				  used, the identity and qualifications of the expected reviewers, and similar
				  information) to the Board prior to contracting with the alternative peer review
				  provider. The Board will promptly evaluate the proposed peer review program and
				  inform the applicant whether the program is acceptable.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-9 - Public Accountants

Current through Register Vol. XLI, No. 28, July 12, 2024
All provisions of this Rule that are specifically applicable
				  to certified public accountants are also applicable to the same extent to
				  public accountants.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-10 - Substantial Equivalency Practice Privileges

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In determining whether the
				certification requirements of the other state or the individual are
				substantially equivalent to the certification requirements of the Uniform
				Accountancy Act, the Board is authorized to use the NQAS.
10.2. Any individual performing or offering
				to perform any services as a substantial equivalency practitioner is subject to
				the following:
10.2.a. Jurisdiction of the
				board concerning all matters within the scope of these Rules;
10.2.b. Compliance with the provisions of W.
				Va. Code §
										30-9-1 et seq. and applicable
				Rules;
10.2.c. The appointment of
				the Board of Accountancy of the state of issuance of his or her out-of-state
				certificate as his or her agent upon which process may be served in an action
				or proceeding by the Board; and
10.2.d. Voluntary disclosure of any and all
				documentation necessary to conduct an investigation under this Rule.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-11 - Issuance and Renewal of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A firm receiving a permit pursuant to
				this Section shall file with the Board a written notification of any of the
				following events within thirty (30) days after its occurrence:
11.1.a. Formation of a new firm;
11.1.b. Addition of a partner, member,
				manager or shareholder;
11.1.c.
				Retirement, withdrawal or death of a partner, member, manager or
				shareholder;
11.1.d. Any change in
				the name of the firm;
11.1.e.
				Dissolution of the firm;
11.1.f.
				Change in the management of any branch office in this State;
11.1.g. Establishment of a new branch office
				or the closing or change of address of a branch office in this State;
				or
11.1.h. The occurrence of any
				event or events which would cause the firm not to be in conformity with the
				provisions of the Act or this Rule.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-12 - Issuance and Renewal of Authorizations

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No individual practitioner or firm may
				provide attest or compilation services without first having obtained an
				authorization issued by this Board unless the individual practitioner or firm
				meets the substantial equivalency practice privilege exceptions below:
12.1.a. Individual practitioners who have
				substantial equivalency practice privileges who provide only compilation
				services performed in accordance with Statements on Standards for Accounting
				and Review Services who:
12.1.a.1. Sign
				compilation reports as a certified public accountant;
12.1.a.2. Meet the competency requirements
				set forth in the professional standards for those services; and
12.1.a.3. Are undergoing a peer review
				program that conforms with applicable laws and rules;
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-14 - Board Initiated Review

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may, at its discretion, provide for the review of
				  any certificate holder (i) applying for licensure renewal or (ii) who the Board
				  has reason to believe may be in violation of Section 19 of this Rule. In these
				  cases, the Board may provide for reimbursement and payment of those persons
				  conducting the review and shall set forth in writing the scope and procedures
				  of the review. Nothing in this section is a prerequisite to any other Board
				  action under this Rule, including but not limited to Section 13 of this
				  Rule.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-15 - Contingency Fee Contracts; Commissions; Referral Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All contingency fee contracts shall be
				in writing and signed by both the licensee or substantial equivalency
				practitioner and the clients.
15.2.
				Before entering into a contingency fee contract, the licensee or substantial
				equivalency practitioner shall disclose to the prospective client, in writing,
				the percentage to be retained by the licensee or substantial equivalency
				practitioner in the event a favorable result is attained.
15.3. A licensee or substantial equivalency
				practitioner may utilize a contingency fee contract when representing a client
				before a taxing authority: Provided, That nothing in this Rule shall be
				construed either to limit or expand the scope of professional services. This
				Rule shall not be construed to promote the unauthorized practice of
				law.
15.4. Disclosure of Permitted
				Commission. A licensee or substantial equivalency practitioner who is not
				prohibited by this Rule from performing services for or receiving a commission
				and who is paid or expects to be paid a commission shall disclose that fact in
				writing to any person or entity to whom the licensee recommends or refers a
				product or service to which the commission relates.
15.5. Referral Fees. Any licensee or
				substantial equivalency practitioner who accepts a referral fee for
				recommending or referring any service of a licensee to any person or entity or
				who pays a referral fee to obtain a client shall disclose the acceptance or
				payment to the client in writing.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-16 - Confidentiality of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
Except by permission of the client for whom a licensee or
				  substantial equivalency practitioner performs services or the heirs,
				  successors, or personal representatives of a client, a licensee or substantial
				  equivalency practitioner shall not voluntarily disclose information
				  communicated to the licensee or substantial equivalency practitioner by the
				  client relating to and in connection with services rendered to the client by
				  the licensee or substantial equivalency practitioner. The information shall be
				  considered confidential: Provided, That this Section shall not be construed as
				  prohibiting the disclosure of information required to be disclosed by the
				  standards of the profession in reporting on the examination of financial
				  statements or as prohibiting disclosures in court proceedings, in
				  investigations or proceedings under this article, in ethical investigations
				  conducted by private professional organizations, in the course of peer reviews,
				  to other persons on a need-to-know basis when those persons are active in the
				  firm and performing services for the client, or to persons in the firm who need
				  the information for the sole purpose of assuring quality control within the
				  firm.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-18 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board shall charge the following fees:
18.1. CPA Examination Fees.
18.1.a. An initial examination application
				fee of ten dollars ($10.00) to review and approve a candidate to sit for the
				uniform certified public accountant examination;
18.1.b. An examination application fee of
				forty dollars ($40.00) for each section for which the candidate applies to
				sit;
18.1.c. Any fees paid for the
				computer-based examination for the uniform certified public accountant
				examination itself are paid directly to the National Association of State
				Boards of Accountancy (NASBA) or any successor organization as determined by
				the Board and are subject to change; and
18.1.d. A transfer of credit and examination
				application fee as follows:
18.1.d.1. an
				examination application fee of ten dollars ($10.00);
18.1.d.2. an intent-to-sit fee of forty
				dollars $40.00 per section for each unpassed section of the
				examination;
18.1.d.3. and forty
				dollars ($40.00) per section score transferred.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-01 - Board Rules and Rules of Professional Conduct › Section 1-1-19 - Rules of Professional Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Independence, Integrity, and
				Objectivity.
19.1.a. A licensee or substantial
				equivalency practitioner shall be independent in the performance of
				professional services.
19.1.b. In
				the performance of any professional service, a licensee or substantial
				equivalency practitioner shall maintain objectivity and integrity, shall be
				free of conflicts of interest, and shall not knowingly misrepresent facts or
				subordinate his or her judgment to others.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for the adjudication of contested case hearings before the
				Board.
1.2. Authority. -- W. Va.
				Code §§
									30-9-1 et seq., 30-1-1 et seq. and 29A-5-1 et seq..
1.3. Filing Date. -- November 19,
				2001.
1.4. Effective Date. --
				December 19, 2001.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall have the following meanings, unless the context otherwise requires:
2.1. "Act" means W. Va. Code
				§§
									30-9-1 et seq.
2.2.
				"Authorization" means an authorization issued pursuant to the Act that entitles
				a permit holder or an individual practitioner to perform attest or compilation
				services.
2.3. "Board" means the
				West Virginia Board of Accountancy.
2.4. "Certificate" means a certificate as a
				certified public accountant issued or renewed by the Board pursuant to the Act
				or corresponding provisions of prior law.
2.5. "Charged party" means a licensee,
				substantial equivalency practitioner or firm that has been charged by the Board
				as described in subsection 3.4 of these rules.
2.6. " Demanding party" means an individual
				or firm that has been denied a license or substantial equivalency practice
				privilege by the Board and that, as a result, demands that a hearing be held
				before the Board on the issue of such denial.
2.7. "Firm" means any business entity,
				including an accounting corporation, in which tow or more certified public
				accountants or public accountants hold an ownership or membership interest, in
				terms of the financial interests and voting rights of all partners, officers,
				shareholders, members or managers, and the primary business activity of which
				is the provision of professional services to the public by certified public
				accountants or public accountants.
2.8. "License" means a certificate, permit,
				registration or authorization.
2.9.
				"Licensee" means the holder of a license.
2.10. "Permit" means a permit issued to a
				firm pursuant to the Act.
2.11.
				"Professional services" means those services that involve the specialized
				knowledge and skills of a certified public accountant or a public
				accountant.
2.12. "Registration"
				means a registration as a public accountant issued by the Board pursuant to
				prior law governing the registration of public accountants and renewed by the
				Board pursuant to the Act.
2.13.
				"Substantial equivalency practice privilege" means the privilege of practicing
				in this State accorded to a substantial equivalency practitioner.
2.14. "Substantial equivalency practitioner"
				means any individual holding an out-of-state certificate who has notified the
				Board of his or her intent to practice accountancy in this State under the
				provisions of the Act and has complied with the provisions of section 16 of the
				Act.