Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-20-7 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities7.1. 45CSR25, Division of Air Quality. - The standards in this section apply to owners and operators of all facilities that treat, store or dispose of hazardous waste, except as otherwise provided by law. In addition to the standards in section 7 of this rule, 45CSR25, "Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities" applies to hazardous waste management facilities that may emit hazardous waste or the constituents thereof into the atmosphere, including incineration facilities, except as otherwise provided by law. For purposes of this section, the following persons are considered to be incinerating hazardous waste: 7.1.1. Owners or operators of hazardous waste incinerators; and7.1.2. Owners or operators of boilers or industrial furnaces used to destroy wastes.7.2. 40 C.F.R. Part 264. - The provisions of 40 C.F.R. Part 264 are hereby adopted and incorporated by reference with the modifications, exceptions, and additions set forth in this section.7.3. Required Receipt of Identical Notification. - The provisions of 40 C.F.R. §§ 264.12(a)(1) and (2) are retained by the Environmental Protection Agency; however, the Secretary shall receive identical notification.7.4. Releases from Solid Waste Management Units. - The provisions of 40 C.F.R. Part 264, Subpart F - Releases from Solid Waste Management Units are incorporated by reference with the following modifications, exceptions, and additions. 7.4.1. For purposes of 40 C.F.R. § 264.92, reference to the "Regional Administrator" will be to the Secretary of the Department of Environmental Protection. The Secretary establishes groundwater protection standards pursuant to the authority granted to the Secretary in W. Va. Code § 22-12-4.7.4.2. For purposes of 40 C.F.R. § 264.94 and subparagraphs thereof, the agency rule on groundwater protection standards, 47CSR12, will apply as required pursuant to the authority granted the Secretary in W. Va. Code § 22-12-4.7.4.3. The provisions of 40 C.F.R. § 264.99(g) are incorporated by reference with the following modifications: 7.4.3.a. The Secretary shall specify in the facility permit the frequencies for collecting samples required under 40 C.F.R. § 264.99(g). This frequency shall not be less than once annually.7.5. Financial Requirement. - The provisions of 40 C.F.R. Part 264, Subpart H - Financial Requirements are adopted and incorporated by reference with the following modifications: 7.5.1. The provisions of 40 C.F.R. §§ 264.149 and 264.150 are excepted from incorporation by reference.7.6. Provisions Relating to Incinerators. - The provisions of 40 C.F.R. §§ 264.341, 264.342, 264.343, 264.344, 264.345, and 264.347(a) relating to incinerators are excepted from incorporation by reference. Consult the rules of the Division of Air Quality regarding emissions from incinerators. The Division of Air Quality retains its authority to enforce the air monitoring items listed in 40 C.F.R. § 264.347(a) related to incinerating hazardous waste. The Division of Water and Waste Management retains authority to enforce 40 C.F.R. §§ 264.347(b), (c), and (d). Consult the Division of Air Quality, 45CSR25, "Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities".7.7. 40 C.F.R. Part 264, Subparts AA, BB, CC and 40 C.F.R. § 264.1080(f); and 40 C.F.R. § 264.1080(g). - The provisions of 40 C.F.R. § 264.1080(f) and 40 C.F.R. § 264.1080(g) are hereby adopted and incorporated by reference, and the remaining provisions of 40 C.F.R. Part 264, Subparts AA, BB, and CC are excepted from incorporation by reference. Consult the rules of the Division of Air Quality regarding air emission standards for process vents, air emission standards for equipment leaks, and air emission standards for tanks, surface impoundments and containers.