Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-23-2 - Definitions2.1. "Administrator" means the Administrator of the United States Environmental Protection Agency or his or her designated representative. 2.2. "CFR" or "C.F.R." means the Code of Federal Regulations. 2.3. "Clean Air Act" ("CAA") means the federal Clean Air Act, as amended, 42 U.S.C. § 7401, et seq.2.4. "Closed landfill" means a landfill into which solid waste is no longer being placed and into which no additional solid wastes will be placed without first filing a notification of modification as prescribed in 40 CFR § 60.7(a)(4) (incorporated by reference into state law at 45CSR16). Once the owner or operator has filed a notification of modification, and places additional solid waste in the landfill, the landfill is no longer closed.2.5. "Closed landfill subcategory" means a closed landfill that has submitted a closure report on or before September 27, 2017, as specified in subdivision 7.9.f below 2.6. "Existing" means each municipal solid waste landfill that commenced construction, reconstruction or modification on or before July 17, 2014.2.7. "Modification" means an increase in the permitted volume design capacity of the landfill by either lateral or vertical expansion based on its permitted design capacity as of July 17, 2014. Modification does not occur until the owner or operator commences construction on the lateral or vertical expansion. 2.8. "Municipal solid waste landfill" or "MSWL" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. A MSWL may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes (40 CFR ' 257.2), such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of a MSWL may be separated by access roads. A MSWL may be publicly or privately owned. A MSWL may be a new MSWL, an existing MSWL, or a lateral expansion. 2.9. "Municipal solid waste landfill emissions" or "MSWL emissions" means gas generated by the decomposition of organic waste deposited in a MSWL or derived from the evolution of organic compounds in the waste. 2.10. "NMOC" (Non Methane Organic Compounds) means nonmethane organic compounds, as measured according to the provisions of subsection 7.6 below. 2.11. "Person" means any and all persons, natural or artificial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature. 2.12. "Ppm" means parts per million. 2.13. "Secretary" means the Secretary of the Department of Environmental Protection or other person to whom the Secretary has delegated authority or duties pursuant to W.Va. Code §§ 22-1-6 or 22-1-8. 2.14. "Treatment System" means a system that filters, de-waters, and compresses landfill gas for sale or beneficial use. 2.15. Other words and phrases used in this rule, unless otherwise indicated, shall have the meaning ascribed to them in 40 CFR part 60 subparts A, B, Ba, Cc, Cf, WWW and XXX as applicable. Words and phrases not defined therein shall have the meaning given to them in the federal Clean Air Act.