Current through Register Vol. XLI, No. 36, September 6, 2024
Section 45-25-1 - General1.1. Scope. 1.1.a. This rule establishes and adopts a program of regulation over air emissions and emission standards for the treatment, storage, and disposal of hazardous waste promulgated by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act, as amended. This rule codifies general procedures and criteria to implement emission standards set forth in the 40 C.F.R. Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25 below. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications, and other test methods that are appended to these standards.1.1.b. The purpose of this rule is to achieve and maintain levels of air quality that will protect the public health and safety and the environment from the effects of improper, inadequate or unsound treatment, storage or disposal of hazardous waste. Further, all persons engaged in the treatment, storage or disposal of hazardous waste shall give careful consideration to the effects of the resultant emissions on the air quality or the areas affected by hazardous waste or any constituent thereof in quantities that would cause ambient air concentrations that may be injurious to human health or welfare or that would interfere with the enjoyment of life or property.1.1.c. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonation of any emission that is released in any locality in a manner or amount that would cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over hazardous waste treatment, storage or disposal facilities.1.1.d. This rule is promulgated pursuant to W.Va. Code §§ 22-5-4 and 22-18-6. Recognizing that each article has its own enforcement sections, it is the intent of the Secretary that enforcement shall be implemented in accordance with W.Va. Code § 22-18-1, et seq., where practicable.1.1.e. Permit applications shall be processed in accordance with the permitting procedures set forth in W.Va. Code § 22-18-1, et seq., 33CSR20, and this rule.1.2. Authority. -- W.Va. Code §§ 22-5-4 and 22-18-6.1.3. Filing Date. --June 1, 2020.1.4. Effective Date. -- June 1, 2020.1.5. Sunset Provision. -- Does not apply.1.6. Incorporation by reference. 1.6.a. Federal counterpart regulation.-- The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretary's recommendation, with limited exception, this rule incorporates by reference the provisions contained in 40 C.F.R. Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25 below, effective June 1, 2019.1.6.b. This rule incorporates by reference the provisions contained in 33CSR20, "Hazardous Waste Management System" that are in effect on the date this rule becomes effective, except for any provision in 33CSR20 that incorporates by reference the Code of Federal Regulations.