W. Va. Code R. § 45-18-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-18-8 - Requirements for new commercial and industrial solid waste incinerators
8.1. Requirements for new CISWI units. -- The owner or operator of a commercial and industrial solid waste incineration unit (CISWI unit) under subsection 8.2 shall comply with all applicable standards of performance, requirements, and provisions of 40 CFR part 60 subpart CCCC, including any reference methods, performance specifications, and other test methods associated with subpart CCCC. No person shall construct, reconstruct, modify or operate, or cause to be constructed, reconstructed, modified or operated a new CISWI unit that results in a violation of 40 CFR part 60 subpart CCCC or this rule.
8.2. Applicability. -- The owner or operator of a CISWI unit that meets any of the following criteria is subject to the requirements for new CISWI units set forth in section 8:
8.2.a. A CISWI unit that commenced construction after June 4, 2010; or
8.2.b. A CISWI unit that commenced reconstruction or modification after August 7, 2013; or
8.2.c. An incinerator and air curtain incinerator, that commenced construction after November 30, 1999, but no later than June 4, 2010, or that commenced reconstruction or modification on or after June 1, 2001, but no later than August 7, 2013, are considered new incineration units and remain subject to the applicable requirements of this section until such time the unit becomes subject to section 9 of this rule; and
8.2.d. The incineration unit does not meet the exemption criteria under 40 CFR § 60.2020.
8.3. Physical or Operational Changes. -- Physical or operational changes to an incineration unit primarily to comply with the emission guidelines in section 9 of this rule and 40 CFR part 60 , subpart DDDD do not qualify as a reconstruction or modification under section 8.

W. Va. Code R. § 45-18-8