W. Va. Code R. § 47-30-11

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-30-11 - Fact Sheet

11.1. Fact Sheet Preparation. A fact sheet shall be prepared for every draft permit for:

11.1.a. A major facility or activity;

11.1.b. Every general permit;

11.1.c. Every draft permit that incorporates a variance;

11.1.d. Every draft permit that the Secretary finds is the subject of widespread public interest or raises major issues; and

11.1.e. 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 Secretary shall send this fact sheet to the applicant and, on request, to any other person.

11.2. Fact Sheet Contents. The fact sheet shall include, when applicable:

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

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

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

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

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

11.2.e.1. The beginning and ending dates of the comment period under subsection 10.2. of this rule and the address where comments will be received;

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

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

11.2.f. Name and phone number of a person to contact for additional information;

11.2.g. Any calculations or other necessary explanation of the derivation of 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; and

11.2.h. When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:

11.2.h.1. Limitations to control toxic pollutants under subdivision 6.2.g. of this rule;

11.2.h.2. Limitations on internal waste streams under subsection 7.8. of this rule;

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

11.2.h.4. Limitations set on a case-by-case basis under 40 C.F.R. Section 125.3(c)(2) or 125.3(c)(3); or

11.2.h.5. When appropriate, a sketch or detailed description of the location of the discharge described in the application.

W. Va. Code R. § 47-30-11