Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-35-7 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES7.1. Rules of the Air Quality Board, 45 CSR 35. -- The standards in Section 7 of these regulations apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste except as otherwise provided by law. In addition to the standards in section 7 of these rules, the rules of the. air quality board, 45 CSR 25, apply to management facilities which may emit hazardous waste or the constituents thereof to the atmosphere including incineration facilities except as otherwise provided by law. For purposes of section 7 of these rules, the following persons are considered to be incinerating hazardous waste:7.1.a. Owners or operators of hazardous waste incinerators; and7.1.b. Owners or operators of boilers or industrial furnaces used to destroy wastes."7.2. 40 CFR Part 264. - The provisions of 40 CFR part 264 are hereby adopted and incorporated by reference with the modifications, exceptions and additions set forth in this section.7.3.40 CFR § 264.1 -- The provisions of 40 CFR § 264.1 (g)(11)(iii) are amended to read as follows:(iii) Thermostats and mercury containing lamps as described in 40 CFR § 273.47.4. Required Receipt of Identical Notification. -- The provisions of 40 CFR part 264.12(a) are retained by the environmental protection agency; however, the chief of the office of waste management must receive identical notification.7.5. Releases from Solid Waste Management Unit. -- The provisions of 40 CFR part 264, subpart F -- Releases from solid waste management units are incorporated by reference with the following modifications, exceptions and additions. 7.5.a. For purposes of 40 CFR § 264.92, reference to the "regional administrator" shall be to the "environmental quality board," The environmental quality board establishes ground-water protection standards pursuant to the authority granted the board in W. Va. Code, § 22-12-4.7.5.b. For purposes of 40 CFR g 254.94 and subparagraphs thereof, " the environmental quality board rule on groundwater protection standards, 46 CSR 12 and the subparagraphs therein, shall apply as required except as noted below pursuant to the authority granted the environmental quality board in W. Va. Code, § 22-12-4. 7.5.b.1. For the purposes of 40 CFR part 264.94(a)(1), the groundwater protection standards at 46 CSR 7 shall apply.7.5.c. The provisions of 40 CFR § 264.99 (g) are incorporated by reference with the following modifications:7.5.c.1. The chief will specify in the facility permit the frequencies for collecting samples required under 40 CFR § 264.99 (g). This frequency shall not be less than once every five years.7.6. Financial Requirement. -- The provisions of 40 CFR part 264, subpart H -- Financial Requirements are adopted and incorporated by reference with the following modifications: 7.6.a. The provisions of 40 CFR §§ 264.149 and 264.150 are excepted from incorporation by reference.7.7. Provisions Relating to Incinerators. -- The provisions of 40 CFR- §§ 264.343, 264.344, 264.345 and 264.347 relating to incinerators are excepted from incorporation by reference. Consult the regulations of the air quality board regarding emissions from incinerators.7.7.a. Consult the air quality board regulations, 45 CSR 25, "Regulations to Prevent & Control Air Pollution from Hazardous Waste Treatment, Storage, or Disposal Facilities".7.8. 40 CFR Part 264, Subparts AA, BB, CC. -- The provisions of 40 CFR part 264, subparts AA, BB, and CC are excepted from incorporation by reference. Consult the regulations of the air quality board regarding emissions from incinerators.