Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-25-2 - Definitions2.1. "Air pollutants" means solids, liquids or gases which, if discharged into the air, may result in statutory air pollution.2.2. "Air pollution" or "statutory air pollution" means, and is limited to, the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner, and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.2.3. "Air pollution control equipment" means any equipment used for collecting or converting hazardous waste emissions for the purpose of preventing or reducing emissions of these materials into the open air from hazardous waste treatment, storage or disposal facilities.2.4. "Best Available Control Technology" or "BACT" means an emission standard based on the maximum degree of reduction for each pollutant that would be emitted from any hazardous waste treatment, storage or disposal facility that the Secretary, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for the facility through application of production processes or available methods, systems or techniques. If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard shall, to the extent possible, set forth the emission reduction achievable by implementation of the design, equipment, work practice or operational standard and shall provide for compliance by means that achieve equivalent results.2.5. "CAA" means the federal Clean Air Act, as amended; 42 U.S.C. § 7401, et seq.2.6. "C.F.R." means the Code of Federal Regulations published by the Office of the Federal Register, National Archives and Records Service, General Services Administration.2.7. "Department" or "DEP" means the West Virginia Department of Environmental Protection.2.8. "Hazardous waste" means a hazardous waste as defined in 40 C.F.R. § 261.3.2.9. "Infectious medical waste" shall have the meaning ascribed to it in 64CSR56 "infectious medical waste" promulgated by the West Virginia Bureau for Public Health. 2.10. "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue, the bags or containers used to collect and transport the waste material, and animal bedding (if applicable).2.11. "RCRA" means the federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, as amended; 42 U.S.C. § 6901, et seq.2.12. "RCRA permit" means "West Virginia hazardous waste management permit". The following additional requirements shall apply to obtain a hazardous waste management permit in West Virginia. All references in 40 C.F.R. Part 270 to 40 C.F.R. Part 124 shall be deemed to be references to the applicable provisions of subsections 5.1 through 5.14of this rule. To the extent of any inconsistency with 40 C.F.R. Part 270, the specific provisions contained herein shall govern.2.13. "Secretary" means the Secretary of the West Virginia 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. "U.S. EPA" means the United States Environmental Protection Agency.2.15. Other words or phrases not herein defined and used in this rule shall have the meaning as ascribed in W.Va. Code §§ 22-5-2 or 22-18-3 or 33CSR20 "Hazardous Waste Management System" governing the State Hazardous Waste Management Act.