reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-90 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
90.1.
				In the event of any inconsistency between this rule and any other rule of the
				West Virginia Department of Environmental Protection, the inconsistency will be
				resolved by the determination of the Secretary and the determination will be
				based upon the application of the more stringent provision, term, condition,
				method or rule.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and adopts the federal Cross-State Air Pollution Rule (CSAPR),
				limiting the interstate transport of emissions of nitrogen oxides
				(NOX) and sulfur dioxide (SO2),
				through emissions trading programs. CSAPR was promulgated by the Unites States
				Environmental Protection Agency under section 110 of the federal Clean Air Act,
				as amended and
				40
				C.F.R. §§
										52.38 and
				52.39
				as a means of mitigating interstate transport of fine particulates, nitrogen
				oxides, ozone and sulfur dioxide.
1.1.a. This
				rule codifies general procedures and criteria to implement the CSAPR
				NOX Annual Trading Program set forth in 40 C.F.R. part
				97, subpart AAAAA. The Secretary hereby adopts these standards by reference.
				The Secretary also adopts associated reference methods, performance
				specifications and other test methods referenced by these standards.
1.1.b. This rule codifies general procedures
				and criteria to implement the CSAPR NOXOzone Season
				Group 2 Trading Program set forth in 40 C.F.R. part 97, subpart EEEEE. The
				Secretary hereby adopts these standards by reference. The Secretary also adopts
				associated reference methods, performance specifications and other test methods
				referenced by these standards.
1.1.c. This rule codifies general procedures
				and criteria to implement the CSAPR SO2Group 1 Trading
				Program set forth in 40 C.F.R. part 97, subpart CCCCC. The Secretary hereby
				adopts these standards by reference. The Secretary also adopts associated
				reference methods, performance specifications and other test methods referenced
				by these standards.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means the Administrator of the United States Environmental
				Protection Agency or the Director of the Clean Air Markets Division (or its
				successor determined by the Administrator) of the United States Environmental
				Protection Agency, the Administrator's duly authorized representative under 40
				C.F.R. part 97, subparts AAAAA, CCCCC, or EEEEE.
2.2. "Clean Air Act" ("CAA") means the
				federal Clean Air Act, found at
				42 U.S.C. §
										7401 et seq.
2.3. "CSAPR" means Cross-State Air Pollution
				Rule.
2.4. "CSAPR
				NOX Annual Trading Program" means a multi-state
				NOX air pollution control and emission reduction program
				established in accordance with 40 C.F.R. part 97, subpart AAAAA and
				40
				C.F.R. §
										52.38(a)
				(including such a program that is revised in a SIP revision approved by the
				Administrator under
				40
				C.F.R. §
										52.38(a)(3) or
				(4) or that is established in a SIP revision
				approved by the Administrator under
				40
				C.F.R. §
										52.38(a)(5) ),
				as a means of mitigating interstate transport of fine particulates and
				NOX.
2.5.
				"CSAPR NOX Ozone Season Group 2 Trading Program" means a
				multi-state NOX air pollution control and emission
				reduction program established in accordance with 40 C.F.R. part 97, subpart
				EEEEE and
				40
				C.F.R. §§
										52.38(b)(1), (b)(2)(i) and (iii), (b)(6)
				through (11), and (b)(13) (including such a
				program that is revised in a SIP revision approved by the Administrator under
				40
				C.F.R.§
										52.38(b)(7) or
				(8) or that is established in a SIP revision
				approved by the Administrator under
				40
				C.F.R.§
										52.38(b)(6) or
				(9) ), as a means of mitigating interstate
				transport of ozone and NOX.
2.6. "CSAPR SO2 Group
				1 Trading Program" means a multi-state SO2 air pollution
				control and emission reduction program established in accordance with 40 C.F.R.
				part 97, subpart CCCCC and
				40
				C.F.R. §§
										52.39(a). (b), (d) through
				(f), and (j) through (l) (including such a program that is revised in a SIP
				revision approved by the Administrator under
				40
				C.F.R. §
										52.39(f) ), as
				a means of mitigating interstate transport of fine particulates and
				SO2.
2.7.
				"Existing unit" for the purpose of allocation means:
2.7.a. A unit under the CSAPR
				NOX Annual Trading Program or the CSAPR
				SO2 Group 1 Trading Program that commenced commercial
				operation prior to January 1, 2010.
2.7.b. A unit under the CSAPR
				NOX Ozone Season Group 2 Trading Program that commenced
				commercial operation prior to January 1, 2015.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-3 - Adoption of standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. CSAPR
				NOX Annual Trading Program -- The Secretary hereby
				adopts and incorporates by reference the provisions of 40 C.F.R. part AAAAA,
				including any applicable reference methods, performance specifications and 97,
				subpart other test methods, and monitoring, recordkeeping and reporting
				requirements which are required by that subpart, effective June 1, 2018, for
				the purposes of implementing the CSAPR NOXAnnual Trading
				Program, except as follows:
3.1.a. The
				provisions of
				40
				C.F.R.§
											97.410 are not adopted or
				incorporated by reference;
3.1.b.
				The provisions of
				40
				C.F.R. §§
											97.411(b)(2) and
				(c)(5)(iii),
				97.412(b)
				and
				97.421(h)
				and (j) are not adopted or incorporated by
				reference;
3.1.c. The provisions of
				40
				C.F.R.§
											97.404(a)(1)
				that are otherwise adopted and incorporated by reference are modified by
				removing the phrase "The following units in a State (and Indian country within
				the borders of such State)" and adding in its place the phrase "The following
				units in West Virginia"; and
3.1.d.
				The provisions of
				40
				C.F.R.§
											97.404(b)(1)
				that are otherwise adopted and incorporated by reference are modified by
				removing the phrase "Any unit in a State (and Indian country within the borders
				of such State)" and adding in its place the phrase "Any unit in West
				Virginia".
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-4 - Requirements for the CSAPR NO[X] Annual Trading Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person may construct, reconstruct,
				modify, or operate or cause to be constructed, reconstructed, modified, or
				operated any source subject to the provisions of 40 C.F.R. part 97, subpart
				AAAAA which results or will result in a violation of this rule.
4.2. For each control period in 2019 and
				thereafter, the West Virginia NOX Annual trading budget
				and new unit set-aside allocations of CSAPR NOX Annual
				allowances, and the variability limit for the West Virginia
				NOX Annual trading budget, are as follows:
4.2.a. The NOXannual
				trading budget is 54,582 tons;
4.2.b. The new unit set-aside is 2,729 tons;
				and
4.2.c. The variability limit is
				9,825 tons.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-5 - Requirements for the CSAPR NO[X] Ozone Season Group 2 Trading Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person may
				construct, reconstruct, modify, or operate or cause to be constructed,
				reconstructed, modified, or operated any source subject to the provisions of 40
				C.F.R. part 97, subpart EEEEE which results or will result in a violation of
				this rule.
5.2. For each control
				period in 2019 and thereafter, the West Virginia NOX
				Ozone Season Group 2 trading budget and new unit-set aside for allocations of
				CSAPR NOX Ozone Season Group 2 allowances, and the
				variability limit for the West Virginia NOX Ozone Season
				Group 2 trading budget, are as follows:
5.2.a.
				The NOX Ozone Season Group 2 trading budget is 17,815
				tons;
5.2.b. The new unit set-aside
				is 356 tons; and
5.2.c. The
				variability limit is 3,741 tons.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-6 - Requirements for the CSAPR SO[2] Group 1 Trading Program

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person may construct, reconstruct,
				modify, or operate or cause to be constructed, reconstructed, modified, or
				operated any source subject to the provisions of 40 C.F.R. part 97, subpart
				CCCCC which results or will result in a violation of this rule.
6.2. For each control period in 2019 and
				thereafter, the West Virginia SO2 Group 1 trading budget
				and new unit set-aside for allocations of CSAPR SO2
				Group 1 allowances, and the variability limit for the West Virginia
				SO2 Group 1 trading budget are as follows:
6.2.a. The SO2 Group 1
				trading budget is 75,668 tons;
6.2.b. The new unit set-aside is 5,297 tons;
				and
6.2.c. The variability limit is
				13,620 tons.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-7 - Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any and all
				references in 40 C.F.R. part 97, subparts AAAAA, CCCCC, and EEEEE to the
				"Administrator" remain the "Administrator".
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-8 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Nothing
				contained in this adoption by reference shall be construed or inferred to mean
				that permit requirements in accordance with applicable rules shall be in any
				way be limited or inapplicable.
West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-43 - Cross-State Air Pollution Rule to Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide Emissions, and Ozone Season Nitrogen Oxides Emissions › Section 45-43-9 - Inconsistency Between Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In
				the event of any inconsistency between this rule and any other rule of the
				Division of Air Quality, the inconsistency shall be resolved by the
				determination of the Secretary and the determination shall be based upon the
				application of the more stringent provision, term, condition, method or
				rule.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules establish
				requirements governing the discharge or deposit of sewage, industrial wastes
				and other wastes into the waters of the state and establish water quality
				standards for the waters of the State standing or flowing over the surface of
				the State. It is declared to be the public policy of the State of West Virginia
				to maintain reasonable standards of purity and quality of the water of the
				State consistent with (1) public health and public enjoyment thereof; (2) the
				propagation and protection of animal, bird, fish, and other aquatic and plant
				life; and (3) the expansion of employment opportunities, maintenance and
				expansion of agriculture and the provision of a permanent foundation for
				healthy industrial development. (See W. Va. Code §
									22-11-2.)
1.2. Authority. -- W. Va. Code §
									22B-3-4
1.3. Filing Date. - May 6, 2005
1.4. Effective Date. - June 30,
				3005
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions in addition to those set forth in
				  W. Va. Code §
									22-11-3, shall apply to these
				  rules unless otherwise specified herein, or unless the context in which used
				  clearly requires a different meaning:
2.1. "Board" is the Environmental Quality
				Board.
2.2. "Chief" is the Chief of
				the Office of Water Resources of the West Virginia Division of Environmental
				Protection.
2.3. "Conventional
				treatment" is the treatment of water as approved by the West Virginia Bureau
				for Public Health to assure that the water is safe for human
				consumption.
2.4. "Cumulative"
				means a pollutant which increases in concentration in an organism by successive
				additions at different times or in different ways (bio-accumulation).
2.5. "Designated uses" are those uses
				specified in water quality standards for each water body or segment whether or
				not they are being attained. (See sections 6.2 - 6.6, herein)
2.6. "Director" is the Director of the West
				Virginia Division of Environmental Protection.
2.7. "Dissolved metal" is operationally
				defined as that portion of metal which passes through a 0.45 micron
				filter.
2.8. "Existing uses" are
				those uses actually attained in a water body on or after November 28, 1975,
				whether or not they are included in the water quality standards.
2.9. The "Federal Act" means the Clean Water
				Act (also known as the Federal Water Pollution Control Act) 33 U.S.C. §
				1251 -1387.
2.10. "High quality
				waters" are those waters whose quality is equal to or better than the minimum
				levels necessary to achieve the national water quality goal uses.
2.11. "Intermittent streams" are streams
				which have no flow during sustained periods of no precipitation and which do
				not support aquatic life whose life history requires residence in flowing
				waters for a continuous period of at least six (6) months.
2.12. "Outstanding national resource waters"
				are those waters whose unique character, ecological or recreational value or
				pristine nature constitutes a valuable national or State resource.
2.13. "Natural" or "naturally occurring"
				values or "natural temperature" shall mean for all of the waters of the state:
2.13.a. Those water quality values which
				exist unaffected by -- or unaffected as a consequence of -- any water use by
				any person; and
2.13.b. Those water
				quality values which exist unaffected by the discharge, or direct or indirect
				deposit of, any solid, liquid or gaseous substance from any point source or
				non-point source.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-3 - Conditions Not Allowable In State Waters

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certain
				characteristics of sewage, industrial wastes and other wastes cause pollution
				and are objectionable in all waters of the state. Therefore, the Environmental
				Quality Board does hereby proclaim that the following general conditions are
				not to be allowed in any of the waters of the state.
3.2. No sewage, industrial wastes or other
				wastes present in any of the waters of the state shall cause therein or
				materially contribute to any of the following conditions thereof:
3.2.a. Distinctly visible floating or
				settleable solids, suspended solids, scum, foam or oily slicks;
3.2.b. Deposits or sludge banks on the
				bottom;
3.2.c. Odors in the
				vicinity of the waters;
3.2.d.
				Taste or odor that would adversely affect the designated uses of the affected
				waters;
3.2.e. Materials in
				concentrations which are harmful, hazardous or toxic to man, animal or aquatic
				life;
3.2.f. Distinctly visible
				color;
3.2.g. Concentrations of
				bacteria which may impair or interfere with the designated uses of the affected
				waters;
3.2.h. Requiring an
				unreasonable degree of treatment for the production of potable water by modern
				water treatment processes as commonly employed; and
3.2.i. Any other condition, including
				radiological exposure, which adversely alters the integrity of the waters of
				the State including wetlands; no significant adverse impact to" the chemical,
				physical, hydrologic, or biological components of aquatic ecosystems shall be
				allowed.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-8 - Specific Water Quality Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Charts
				of specific water quality criteria are included in Appendix E, Table 1.
8.1.a. Specific state (i.e. total, total
				recoverable, dissolved, valence, etc.) of any parameter to be analyzed shall
				follow   40 CFR 136, Guidelines Establishing Test Procedures for Analysis of
				Pollutants Under the Clean Water Act, as amended, June 15, 1990. (See also 47
				C.S.R. 10, section 7.3 - National Pollutant Discharge Elimination System
				(NPDES) Program.)
8.1.b. Compliance
				with aquatic life water quality criteria expressed as dissolved metal shall be
				determined based on dissolved metals concentrations.
8.1.b.1. The aquatic life criteria for all
				metals listed in Appendix E, Table 2 shall be converted to a dissolved
				concentration by multiplying each numerical value or criterion equation from
				Appendix E, Table 1 by the appropriate conversion factor (CF) from Appendix E,
				Table 2.
8.1.b.2. Permit limits
				based on dissolved metal water quality criteria shall be prepared in accordance
				with the U.S. EPA document "The Metals Translator: Guidance For Calculating A
				Total Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007
				June 1996.
8.1.b.3. NPDES permit
				applicants may petition the Office of Water Resources of the Division of
				Environmental Protection (OWR) to develop a site-specific translator consistent
				with the provisions in this section. The OWR may, on a case-by-case basis
				require an applicant applying for a translator to conduct appropriate sediment
				monitoring through SEM/AVS ratio, bioassay or other approved methods to
				evaluate effluent limits that prevent toxicity to aquatic life.
8.1.c. An "X" or numerical value
				in the use columns of Appendix E, Table 1 shall represent the applicable
				criteria.
8.1.d. Charts of water
				quality criteria in Appendix E, Table 1 shall be applied in accordance with
				major stream and use applications, sections 6 and 7, herein.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-9 - Establishment Of Safe Concentration Values

Current through Register Vol. XLI, No. 28, July 12, 2024
When a specific water quality standard has not been
				  established by these rules and there is a discharge or proposed discharge into
				  waters of the State, the use of which has been designated a Category B1, B2, B3
				  or B4, such discharge may be regulated by the Chief where necessary to protect
				  State waters through establishment of a safe concentration value as
				  follows:
9.1. Establishment of a safe
				concentration value shall be based upon data obtained from relevant aquatic
				field studies, standard bioassay test data which exists in substantial
				available scientific literature, or data obtained from specific tests utilizing
				one (1) or more representative important species of aquatic life designated on
				a case-by-case basis by the Chief and conducted in a water environment which is
				equal to or closely approximates that of the natural quality of the receiving
				waters.
9.2. In those cases where
				it has been determined that there is insufficient available data to establish a
				safe concentration value for a pollutant, the safe concentration value shall be
				determined by applying the appropriate application factor as set forth below to
				the 96-hour LC 50 value. Except where the Chief determines, based upon
				substantial available scientific data that an alternate application factor
				exists for a pollutant, the following appropriate application factors shall be
				used in the determination of safe concentration values:
9.2.a. Concentrations of pollutants or
				combinations of pollutants that are not persistent and not cumulative shall not
				exceed 0.10 (1/10) of the 96-hour LC 50.
9.2.b. Concentrations of pollutants or
				combinations of pollutants that are persistent or cumulative shall not exceed
				0.01 (1/100) of the 96-hour LC 50.
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 46-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This Legislative rule
				establishes requirements governing the State National
Pollutant
Discharge Elimination System (NPDES)
				Program.
1.2. Authority - W. Va.
				Code 20-5A.
1.3. Filing Date -
				___________.
1.4. Effective Date -
				________.
1.5. Repeal of Former
				Rule - This Legislative rule repeals West Virginia Administrative Regulations,
				State Water Resources Board, Chapter 20-5A, Series II
(1992)
"Requirements Governing the State National
				Pollutant Discharge Elimination System (NPDES) Program", filed June 30,
				1987.
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 46-2-4 - Application for Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duty to
				apply.
a. Any person who discharges or
				proposes to discharge pollutants and who does not have an effective permit,
				except persons covered by general permits and persons excluded under Section
				3.2, shall submit a complete application in the manner and on a form prescribed
				by the Chief and in accordance with the following paragraphs and accompanied by
				the filing fee as prescribed in Series III, Section 7:
b. When a facility or activity is owned by
				one person but is operated by another, the application should be submitted by
				the operator. The Chief may require documentation of the permit responsibility
				and liability of the owner and operator and may propose and issue the permit to
				either one or both the owner and operator, but only after notice to both the
				owner and operator; or, the Chief may deny the permit until the responsible
				party or parties apply for the permit.
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 46-2-5 - Conditions Applicable to All Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
The following conditions apply to all - permits. All
				  conditions shall be incorporated into the permits either expressly or by
				  reference. If incorporated by reference, a specific citation to these
				  regulations must be given in the permit.
5.1. Duty to comply:
a. The permittee must comply with all
				conditions of this permit. Permit noncompliance concentrations constitutes a
				violation of the CWA and State Act and is grounds for enforcement action; for
				permit modification, revocation and reissuance, suspension or revocation; or
				for denial of a permit renewal application.
b. The permittee shall comply with all
				effluent standards or prohibitions established under Section 307(a) of the CWA
				for toxic pollutants within the time provided in the regulations that establish
				these standards or prohibitions, even if the permit has not yet been modified
				to incorporate the requirement.
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 46-2-8 - Schedules of Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General.
				The permit may, when appropriate, specify a schedule of compliance leading to
				compliance with the CWA and State Act and rules:
a. Any schedule of compliance shall require
				compliance as soon as possible, but in no case later than an applicable
				statutory deadline. In the case of permit conditions based on water quality
				standards established after July 1, 1977, a schedule of compliance may be used
				which shall assure that the discharge will not cause a violation of applicable
				water quality standards.
b. The
				first KPDES permit issued to a new source, or a new discharger shall contain a
				schedule of compliance only when necessary to allow a reasonable, opportunity
				to attain compliance with requirements issued or revised after commencement of
				construction but less than three years before commencement of the relevant
				discharge. For recommencing dischargers, a schedule of compliance shall be
				available only when necessary to allow a reasonable opportunity to attain
				compliance with requirements issued or revised less than three years before
				recommencement of discharge.
c.
				Interim dates. If a permit establishes a schedule of compliance which exceeds
				one (1) year from the date of permit issuance, the schedule shall set forth
				interim requirements and the dates for their achievement:
1. The time between interim dates shall not
				exceed one (1) year.
2. If the time
				necessary for completion of any interim requirement is more than one (1) year
				and is not readily divisible into stages for completion, the permit shall
				specify interim dates for the submission of reports of progress" toward
				completion of the interim requirements and indicate a projected completion
				date.
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 46-2-9 - Modification, Revocation and Reissuance, Suspension and Revocation of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Actions by the Chief.
a. Permits may be modified, revoked and
				reissued, suspended or revoked either at the request of any interested person
				or upon the Chief's initiative. Permits may only be modified, revoked and
				reissued, suspended or revoked for the reasons specified in this section. When
				a permit is modified, only the conditions subject to modification are reopened.
				All other conditions of the permit shall remain in effect for the duration of
				the permit. All requests under this section shall be in writing submitted to
				the Chief citing facts or reasons supporting the request and indicating under
				which subsection the request is being made. If a permit modification is being
				requested under an emergency declared by the Chief, an affidavit, signed by a
				person meeting the requirements of Section 4.6 attesting to the emergency shall
				be filed with the request. The Chief may require additional information, and in
				the case of a major modification, may require submission of a new permit
				application. For a reissuance under Section 9.2.b or Section 9.3, the Chief
				shall require submission of a new permit application.
b. If the Chief decides the request is not
				justified, he or she shall send the requester a brief written response giving
				the reasons for the decision. Denials of such requests are not subject to
				public notice, comment, or hearings.
c.
1. If
				the Chief tentatively decides to modify or revoke and reissue a
				permit
,
and the modification is not made under Section
				9.5, he or she shall prepare a draft permit under Section 10 and shall follow
				the public notice procedures in Section 12. The Chief may request additional
				information and, in the case of a modified permit, may require the submission
				of an updated permit application. In the case of revoked and reissued permits,
				the Chief shall require the submission of a new application.
2. In a permit modification under this
				section, only those conditions to be modified shall be reopened when a new
				draft permit is prepared. All other conditions of the existing permit shall
				remain in effect for the duration of the permit. When a permit is revoked and
				reissued under this section, the entire permit is reopened just as if the
				permit had expired and was being reissued. During any revocation and reissuance
				proceeding
,
the permittee shall comply with all
				conditions of the existing permit until a new final permit is
				reissued.
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 46-2-10 - Draft Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Administration.
a. Once an application is
				complete, the Chief shall tentatively decide whether to prepare a draft permit
				or to deny the application.
b. If
				the Chief tentatively decides to issue a general permit, he or she shall
				prepare a draft general permit under paragraph
10.1.c
of this section.
c. If a draft
				permit
is to be prepared by the Chief
, it shall
				contain the following information:
1. All
				conditions under Sections 5 and 6;
2. All compliance schedules;
3. All monitoring requirements; and
4. Effluent limitations, standards,
				prohibitions and conditions, and all variances that are to be
				included.
d. All draft
				permits shall be provided to permittees and shall be accompanied by a fact
				sheet if required under Section 11 and shall be publicly noticed and available
				for public comment in accordance with Section 12.
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 46-2-12 - Public Comment, and Hearings and Effective Date of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Public notice.
a. Scope:
1.
				Public notice shall be given that the following actions have occurred:
i. A draft permit has been
				prepared.
ii. A hearing has been
				scheduled under Section 12.3.
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 46-2-14 - Pretreatment Program

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All
				indirect dischargers shall comply with the requirements of 307 of the Clean
				Water Act and the regulations thereunder.
a.
				Prohibited discharges. Pollutants introduced into POTWs by indirect discharger
				shall not
cause
pass through
or
interference.
These
				general prohibitions apply to all indirect dischargers. The following
				pollutants may not be introduced into a POTW:
1. Pollutants which create a fire or
				explosion hazard in the POTW
, including, but not limited to
				wastestreams with a closed cup flashpoint of less than 140º Farrenheit or
				60º Centigrade using the test methods specified in
				 40 CFR
				261.21
.
2. Pollutants which cause corrosive
				structural damage to the POTW,
and
in no case
				discharges with pH lower than 5.0, unless the works is specifically designed to
				accommodate such discharges.
3.
				Solid or viscous pollutants in amounts which will cause obstruction to the flow
				in sewers or other interference with the operation of the POTW.
4. Any pollutant, including oxygen demanding
				pollutants (BOD, etc.) released in a discharge of such volume or strength as to
				cause interference in the POTW.
5.
				Heat in amounts which will inhibit biological activity in the POTW resulting in
				interference
and
in no case heat in such quantities
				that the temperature at the treatment works influent exceeds 40 C (104 F)
				unless the works is designed to accommodate such heat.
7.
Pollutants which result in the
				presence of toxic gases, vapors or fumes within the POTW in a quantity that may
				cause acute worker health and safety problems
.
8.
Any trucked or hauled
				pollutants, except at discharge points designated by the
				POTW
.
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 46-2-15 - Federal Effluent Limitations Guidelines and Standards Incorporation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The provisions of 40 CFR Chapter I,
				Subchapter N, Parts 400-460 as in effect July 1, 1985, are hereby incorporated
				by reference.
15.2.
				(Reserved.)
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 46-2-16 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. General. The provisions of this Series
				may be enforced by all of the applicable provisions of the State Act,
				including:
a. Orders issued by the Chief in
				accordance with Sections 7, 8, 10 and 12a of the State Act;
b. Civil penalties and injunctive relief in
				accordance with Section 17 of the State Act; and
c. Criminal penalties in accordance with
				Section 19 of the State Act.
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 46-2-17 - Conflict of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Members
				of the State Water Resources Board shall be bound by the conflict of interest
				requirements contained in Chapter 20, Article 5, Section 3(b) of the State
				Code, as amended.
17.2. The Chief
				of the Division of Water Resources shall not be a person who receives or has
				daring the previous two (2) years received, a significant portion of income
				directly or indirectly from permit holders or applicants for a permit.
a. For the purposes of this section:
1. "Significant Portion of Income" means ten
				(10) percent or more of gross personal income for a calendar year, except that
				it means fifty (50) percent or more of gross personal income for a calendar
				year if the recipient is over sixty (60) years of age and is receiving that
				portion under retirement, pension, or similar arrangement.
2. "Permit Holders or Applicants for a
				Permit" does not include any department or agency of the State.
3. "Income" includes retirement benefits,
				consultant fees, and stock dividends.
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 46-2-18 - Conflicting Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
In the event of any inconsistency or conflict between any
				  provision of this section and any provisions of Series
3
, the provisions of this section shall
				  control.
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 › Appendix A - NPDES Primary Industry Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
Industry Category
Adhesives and Sealants
Aluminum Forming
Auto and Other laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum and Wood Chemicals
Inorganic Chemicals Manufacturing
Iron and Steel Manufacturing
Leather Tanning and Finishing
Mechanical Products Manufacturing
Nonferrous Metals Manufacturing
Ore Mining
Organic Chemicals Manufacturing
Paint and Ink Formulation
Pesticides
Petroleum Refining
Pharmaceutical Preparations
Photographic Equipment and Supplies
Plastics Processing
Plastic and Synthetic Materials Manufacturing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soap and Detergent Manufacturing
Steam Electric Power Plants
Textile Mills
Timber Products Processing
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 › Appendix B - Criteria for Determining a Concentrated Animal Feeding Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
An animal feeding operation is a concentrated animal feeding
				  operation for purposes of Section 13.1 if either of the following criteria are
				  met:
(a) More than the number of animals specified in any of the
				  following categories are confined:
(1) 1,000 slaughter and feeder cattle,
(2) 700 mature dairy cattle (whether milked or dry
				  cows),
(3) 2,500 swine each weighing over 25 kilograms
				  (approximately 55 pounds),
(4) 500 horses,
(5) 10,000 sheep or lambs,
(6) 55,000 turkeys,
(7) 100,000 laying hens or broilers (if the facility has
				  continuous overflow watering),
(8) 30,000 laying hens or broilers (if the facility has a
				  liquid manure handling system),
(9) 5,000 ducks, or
(10) 1,000 animal units; or
(b) More than the following number and types of animals are
				  confined:
(1) 300 slaughter or feeder cattle,
(2) 200 mature dairy cattle (whether milked or dry cows)
				  ,
(3) 750 swine each weighing over 25 kilograms (approximately
				  55 pounds),
(4) 150 horses,
(5) 3,000 sheep or lambs,
(6) 16,500 turkeys,
(7) 30,000 laying hens or broilers (if the facility has
				  continuous overflow watering),
(8) 9,000 laying hens or broilers (if the facility has a
				  liquid manure handling system),
(9) 1,500 ducks, or
(10) 300 animal units; and either one of the following
				  conditions are met: pollutants are discharged into navigable waters through a
				  man-made ditch, flushing system or other similar man-made device; or pollutants
				  are discharged directly into waters of the State which originate outside of and
				  pass over, across, or through the facility or otherwise come into direct
				  contact with the animals confined in the operation.
Provided, however, that no animal feeding operation is a
				  concentrated animal feeding operation as defined above if such animal feeding
				  operation discharges only in the event of a 25 year, 24-hour storm
				  event.
The term "animal unit" means a unit of measurement for any
				  animal feeding operation calculated by adding the following numbers: the number
				  of slaughter and feeder cattle multiplied by 1.0, plus the number of mature
				  dairy cattle multiplied by 1.4, plus the number of swine weighing over 25
				  kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep
				  multiplied by 0.1, plus the number of horses multiplied by 2.0.
The term "man-made" means constructed by man and used for the
				  purpose of transporting wastes.
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 › Appendix C - Criteria for Determining a Concentrated Aquatic Animal Production Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
A hatchery, fish farm, or other facility is a concentrated
				  aquatic animal production facility for purposes of Section 13.2 if it contains,
				  grows, or holds aquatic animals in either of the following categories:
(a) Cold water fish species or other cold water aquatic
				  animals in ponds, raceways, or other similar structures which discharge at
				  least 30 days per year but does not include:
(1) Facilities which produce less than 9,090 harvest weight
				  kilograms (approximately 20,000 pounds) of aquatic animals per year; and
(2) Facilities which feed less than 2,272 kilograms
				  (approximately 5,000 pounds) of food during the calendar month of maximum
				  feeding.
(b) Warm water fish species or other warm water aquatic
				  animals in ponds, raceways, or other similar structures which discharge at
				  least 30 days per year but does not include:
(1) Closed ponds which discharge only during periods of
				  excess runoff; or
(2) Facilities which produce less than 45,454 harvest weight
				  kilograms (approximately 100,000 pounds) of aquatic animals per year.
"Cold water aquatic animals" include, but are not limited to
				  the Ameiuride, Centrarachidae and Cyprinidae families of fish; e.g.,
				  respectfully, catfish, sunfish and minnows.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - These rules establish
				requirements governing pollution control measures which are considered special
				situations that are not generally covered in Series I and II of the State Water
				Resources Board's Legislative Rules.
1.2 Authority - W, Va. Code 20-5 and
				20-5A.
1.3 Filing Date -
1.4 Effective Date -
1.5 "Repeal of Former Rule - This legislative
				rule repeals West Virginia Administrative Regulations, State Water Resources
				Board, Chapter 20-5 and 20-5A, Series III (1983) "Special Regulations", filed
				April 11, 1984.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-2 - Reporting Spills and Accidental Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 It is
				recognized that spills and accidental discharges of sewage, industrial wastes
				and other wastes are contrary to the language and intent of the State Law and
				Federal Law and that these spills and accidental discharges may occur from time
				to time, notwithstanding efforts to prevent them.
2.2 It is further recognized that such spills
				and discharges are likely to have adverse effects upon the quality of the
				waters of the State impairing existing and future uses of those waters. The
				State Water Resources Board hereby declares it mandatory that, in order to
				minimize the adverse effects which the above described occurrences may have
				upon users of. waters of the State, the following procedures shall be followed:
2.2.a Each and every person who may cause or
				be responsible for any spill or accidental discharge of pollutants into the
				waters of the State shall give immediate notification to the Division of Water
				Resources' Emergency Notification Number 1-800-642-3074.
2.2.b Such notification shall set forth
				insofar as possible and as soon thereafter as practical the time and place of
				such spill or discharge, type or types and quantity or quantities of the
				material or inaterials therein, action or actions taken to stop such spill or
				discharge and to minimize the polluting effect thereoff the measure or measures
				taken or to be taken in order to prevent a recurrence of any such spill or
				discharge and such additional. information as may be requested by the Division
				of Water Resources, A written verification of such notification shall be
				submitted upon request: of the Division of Water Resources.
2.2.c It shall be the responsibility of each
				industrial establishment or other entity discharging directly to a stream to
				have available the following information pertaining to those substances that
				are employed or handled in its operation in sufficiently large amounts as to
				constitute a hazard in case of an accidental spill and discharge into a public
				stream:
2.2.c.1Potential toxicity in water to
				man, animals and aquatic life;
2.2.c.2 Details on analytical procedures for
				the quantitative estimation of such substances in water; and
2.2.c.3 Suggestions on safeguards or other
				precautionary measures to nullify the toxic effects of a substance once it has
				gotten into a stream.