W. Va. Code R. § 46-2-11

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-2-11 - Fact Sheet
11.1. A fact sheet shall be prepared for every draft permit for a major facility or activity, for every general permit and for every draft permit that incorporates a variance, and for every draft permit which the Chief finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Chief shall send this fact sheet to the applicant and, on request, to any other person and to the persons required under Section 12.1.e.
11.2. When a term or condition of the final permit differs from the draft permit, the Chief shall prepare a statement of basis that briefly describes each change from the changes in the draft permit and the reasons for them. The statement of basis shall be sent to the applicant, and, on request to any other person.
11.3. The fact sheet shall include, when applicable:
a. A brief description of the type of facility or activity which is the subject of the draft permit.
b. The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being discharged.
c. A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions.
d. Reasons why any requested variances or alternatives to required standards do or do not appear justified.
e. A description of the procedures for reaching a final decision on the draft permit including:
1. The beginning and ending dates of the comment period under Section 12.1 and the address where comments will be received;
2. Procedures for requesting a hearing and the nature of that hearing; and
3. Any other procedures by which the public may participate in the final decision.
f. Name and telephone number of a person to contact for additional information.
g. Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions including a citation to the applicable effluent limitation guideline or performance standard provisions and reasons why they are applicable or an explanation of how the alternate effluent limitations were developed.
h. When the draft permit contains any of the following conditions, a full and documented explanation of the reasons why such conditions are appropriate:
1. Limitations to control toxic pollutants under Section 6.3.f;
2. Limitations on internal waste streams under Section 7.8;
3. Limitations on indicator pollutants under 40 CFR 125.3(g);
4. For every permit to be issued to a privately owned treatment works, an explanation of the Chief's decision on regulation of users under Section 6.3.k.;
5. Conditions under Section 6.3.d.; or under Section 6.
i. When appropriate, a sketch or detailed description of the location of the discharge described in the application.

W. Va. Code R. § 46-2-11