West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-25 - Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities › Section 45-25-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "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.