West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-02 - Rules governing The State National Pollutant Discharge Elimination System Program › Section 46-2-11 - Fact Sheet

Current through Register Vol. XLI, No. 28, July 12, 2024
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.