W. Va. Code R. § 45-6-11

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-6-11 - Exemptions
11.1. The following combustion units are subject to the requirements of 45CSR18 and shall be exempt from the requirements of this rule:
11.1.1. Large municipal waste combustors, small municipal waste combustion units, hospital/ medical/ infectious waste incinerators, commercial and industrial solid waste incineration units, and other solid waste incineration units;
11.1.2. Air curtain incinerators which are a distinct operating unit of any commercial or industrial facility;
11.1.3. Any air curtain incinerator that burns less than 35 tons per day of municipal solid waste, or is located at an institutional facility burning any amount of institutional waste generated at that facility; and
11.1.4. Incinerators or air curtain incinerators used on a temporary basis to combust vegetation or debris from disaster recovery or a state of emergency.
11.2. Any pathological waste incinerator subject to 45CSR18 or 45CSR25 shall be exempt from the requirements of this rule.
11.3. Any facility which incinerates low-level radioactive waste or chemotherapeutic waste shall be exempt from the requirements of this rule.
11.4. Any hazardous waste combustor subject to 40 CFR Part 63, Subpart EEE and 45CSR34 shall be exempt from the requirements of this rule.
11.5. Any hazardous waste incinerator subject to 40 CFR Parts 264 or 265 and 45CSR25 shall be exempt from the requirements of this rule.

W. Va. Code R. § 45-6-11