Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-1B-1 - General1.1. Scope. -- This Legislative Rule adopts 40 CFR Part 257 Subpart D, Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments, by reference. This subpart applies to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this subpart, these requirements also apply to disposal units located off-site of the electric utility or independent power producer. This subpart also applies to any practice that does not meet the definition of a beneficial use of CCR. Except as otherwise provided, the regulations of the United States Environmental Protection Agency set forth in Subpart D of 40 CFR Part 257, promulgated as of December 14, 2020, excluding 40 CFR 257.50(e), 40 CFR 257.90(g), and 40 CFR 257.95(h)(2), and including 40 CFR 257.3-1, 257.3-2, and 257.3-3, wherein they exclusively relate to standards for the disposal of coal combustion residuals in landfills and surface impoundments, are hereby incorporated as part of the West Virginia Solid Waste Management Regulations, 33 CSR 1, et seq.
1.2. Authority. -- W. Va. Code §§ 22-15-5 and 22-15-10.1.3. Filing Date. -- March 01, 2022.1.4. Effective Date. -- March 01, 2022.