Current through Register Vol. XLI, No. 50, December 13, 2024
1.1. Scope. 1.1.1. This rule establishes emission standards for particulate matter and requirements for activities involving incineration of refuse which are not subject to, or are exempted from regulation under a federal counterpart for specific combustion sources. This rule also prohibits (with limited exception) open burning and sets forth the registration, permitting, reporting, testing, emergency, natural disaster and exemption provisions for activities involving the combustion of refuse and land clearing debris.1.1.2. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonement of any emission which is released in any locality in such manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse anyone from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over combustion of refuse or open burning.1.1.3. All persons engaged in any form of combustion of refuse shall give careful consideration to the effects of the resultant emissions on the air quality of the area(s) affected by such burning. Important considerations include, but are not limited to, the location and time of burning, the type of material being burned and the potential emissions and the prevailing meteorological conditions. Persons failing to give due consideration to these factors will be in violation of this rule.1.1.4. It is the intent of the Secretary that all incorporated areas and other local governmental entities prohibit open burning and develop alternative methods for disposal of refuse. If such action is not taken in any air basin, air quality control region or other such areas as the Secretary may designate, then such action may be taken by the Secretary to ensure compliance with air quality standards.1.2. Authority. -- W.Va. Code §22-5-4.1.3. Filing Date. -- May 2, 2024.1.4. Effective Date. -- June 1, 2024.1.5. Sunset provision. -- Does not apply.