Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-23-1 - General1.1. Scope.-This rule establishes and adopts standards of performance pursuant to § 111(b) of the federal Clean Air Act (CAA) and implements the federal emission guidelines and compliance times pursuant to § 111(d) of the federal CAA for the control of certain designated pollutants from the following municipal solid waste landfill categories: 1.1.a. Municipal solid waste landfills subject to the emission guidelines and compliance times promulgated by the U.S. EPA under 40 CFR part 60, subpart Cc and set forth in section 6 of this rule; 1.1.b. Municipal solid waste landfills subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart WWW and set forth in section 4 of this rule; 1.1.c. Municipal solid waste landfills subject to the emission guidelines and compliance times promulgated by the U.S. EPA under 40 CFR part 60, subpart Cf and set forth is section 7 of this rule; and 1.1.d. Municipal solid waste landfills that commenced construction, reconstruction or modification after July 17, 2014 are subject to the standards of performance promulgated by the U.S. EPA under 40 CFR part 60, subpart XXX and set forth in section 5 of this rule. 1.2. Authority.-W. Va. Code § 22-5-4. 1.3. Filing Date.-April 28, 2021. 1.4. Effective Date.-June 1, 2021. 1.5. Sunset provision.-Does not apply.1.6. This rule codifies general procedures and criteria to implement a program of specific standards of performance, emission guidelines, and compliance times for municipal solid waste landfills. 1.7. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonation of any emission that is released in any locality in such a manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations or orders of governmental entities having jurisdiction over municipal solid waste landfills. 1.8. Incorporation by reference.-Federal counterpart regulation. The Secretary has determined that a federal counterpart rule exists. In accordance with the Secretary's recommendation, and with limited exception, this rule incorporates by reference, 40 CFR part 60 subpart XXX effective June 1, 2020.