Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-25-3 - Adoption of standards3.1. The Secretary hereby adopts and incorporates by reference the definitions, lists, tables, appendices, conditions, and requirements from 33CSR20, "Hazardous Waste Management System", effective June 1,2019, except as follows: 3.1.a. Any provisions in 33CSR20 which incorporate by reference the Code of Federal Regulations (C.F.R.);3.1.b. The application fees and permit requirements under 11.3 through 11.18, inclusive. The permit provisions under § 45-25-5 shall apply exclusively to the Division of Air Quality permitting activities;3.1.c. In case of a conflict between the Division of Air Quality and the Division of Water and Waste Management as to whether a material is a waste and if so, whether the material is a hazardous waste, the Secretary has final administrative authority to resolve the conflict.3.2. Unless otherwise indicated, the Secretary hereby adopts and incorporates by reference the provisions contained in 40 C.F.R. Parts 260, 261, 262, 264, 265, 266, 270, and 279 as listed in Table 45-25, including any reference methods, performance specifications and other test methods appended to these Parts and contained in Parts 60, 61, 63, 260, 261, 262, 264, 265, 266, 270, and 279, effective June 1, 2019, with the following modifications:3.2.a. Whenever the term "United States" is used, it shall also mean the State of West Virginia;3.2.b. Whenever the terms "Administrator," "Regional Administrator," "Assistant Administrator for Solid Waste and Emergency Response" or "Secretary" are used, the term means the Secretary of the West Virginia Department of Environmental Protection;3.2.c. Whenever the term "Environmental Protection Agency" is used the term also means the West Virginia Department of Environmental Protection; and3.2.d. The distance provisions of 40 C.F.R. § 265.382 apply only to the open burning or open detonation of military explosives in a manner that presents an uncontrolled fragment release hazard. The applicable distance provisions of the American Table of Distances for Commercial Explosives, and of the Department of Defense Contractors Safety Manual for Ammunition and Explosives (DOD 4145.26-M), in effect as of the effective date of this rule, apply otherwise.