W. Va. Code R. § 47-10-11

Current through Register Vol. XLI, No. 23, June 7, 2024

Section 47-10-11 - Fact Sheet

11.1. A fact sheet shall be prepared for every draft permit for a major facility or activity, for every general permit, for every draft permit that incorporates a variance, and for every draft permit that the Director finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant, to the persons required by subdivision 12.1.e of this rule to receive notice and, on request, to any other person.

11.2. When a term or condition of the final permit differs from the draft permit, the Director shall prepare a statement of basis that briefly describes each change from the changes in the draft permit and the reasons for them. The statement of basis shall be sent to the applicant and, on request, to any other person.

11.3. The fact sheet shall include, when applicable:

11.3.a. A brief description of the type of facility or activity that is the subject of the draft permit.

11.3.b. The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being discharged.

11.3.c. A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions.

11.3.d. Reasons why any requested variances or alternatives to required standards do or do not appear justified.

11.3.e. A description of the procedures for reaching a final decision on the draft permit including:

11.3.e.1. The beginning and ending dates of the comment period and the address where comments will be received, in accordance with section 12 of this rule;

11.3.e.2. Procedures for requesting a hearing and the nature of that hearing; and

11.3.e.3. Any other procedures by which the public may participate in the final decision.

11.3.f. Name and telephone number of a person to contact for additional information.

11.3.g. Any calculations or other necessary explanation of the derivation from specific effluent limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard provisions and reasons why they are applicable or an explanation of how the alternate effluent limitations were developed.

11.3.h. When the draft permit contains any of the following conditions, a full and documented explanation of the reasons why such conditions are appropriate:

11.3.h.1. Limitations to control toxic pollutants under subdivision 6.3.f above;

11.3.h.2. Limitations on internal waste streams under subsection 7.8 above;

11.3.h.3. Limitations on indicator pollutants under 40 C.F.R. '125.3(g);

11.3.h.4. For every permit to be issued to a privately owned treatment works, an explanation of the Director's decision on regulation of users under subdivision 6.3.k above;

11.3.h.5. Conditions listed in subdivision 6.3.d above; or

11.3.i. When appropriate, a sketch or detailed description of the location of the discharge described in the application.

W. Va. Code R. § 47-10-11