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 45-25-5 - Permit Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Pre-application public meeting and notice.
5.1.a. Applicability. -- The requirements of
				subsection 5.1 shall apply to West Virginia hazardous waste management Part B
				permit applications seeking initial permits for hazardous waste management
				units. These requirements shall also apply to West Virginia hazardous waste
				management Part B permit applications seeking renewal of permits for hazardous
				waste management units, where the renewal application is proposing a
				significant change in facility operations. A "significant change" is any change
				that would qualify as a Class 3 permit modification pursuant to
				40 C.F.R.
				§
											270.42. These requirements do not
				apply to permit modifications under
				40 C.F.R.
				§
											270.42 or to applications that are
				submitted for the sole purpose of conducting post-closure activities or
				post-closure activities and corrective action at a facility.
5.1.b. Prior to the submission of a West
				Virginia hazardous waste management Part B permit application for a facility,
				the applicant must hold at least one meeting with the public in order to
				solicit questions from the community and inform the community of proposed
				hazardous waste management activities. The applicant shall post a sign-in sheet
				or otherwise provide a voluntary opportunity for attendees to provide their
				names and addresses or email addresses.
5.1.c. The applicant shall submit a summary
				of the meeting, along with the list of attendees and their addresses developed
				under subdivision 5.1.b and copies of any written comments or materials
				submitted at the meeting, to the Secretary for inclusion with the Part B
				application, in accordance with
				40 C.F.R.§
											270.14(b).
5.1.d. The applicant must provide public
				notice of the pre-application meeting at least thirty (30) days prior to the
				meeting. The applicant must maintain, and provide to the Secretary upon
				request, documentation of the notice.
5.1.d.1. The applicant shall provide public
				notice in all of the following forms:
5.1.d.1.A. A newspaper advertisement. -- The
				applicant shall publish a notice, fulfilling the requirements in paragraph
				5.1.d.2, in a newspaper of general circulation in the county or equivalent
				jurisdiction that hosts the proposed location of the facility. In addition, the
				Secretary shall instruct the applicant to publish the notice in newspapers of
				general circulation in adjacent counties or equivalent jurisdictions, where the
				Secretary determines that the publication is necessary to inform the affected
				public. The notice must be published as a display advertisement;
5.1.d.1.B. A visible and accessible sign. --
				The applicant shall post a notice on a clearly marked sign at or near the
				facility, fulfilling the requirements in paragraph 5.1.d.2. If the applicant
				places the sign on the facility property, then the sign must be large enough to
				be readable from the nearest point where the public would pass by the
				site;
5.1.d.1.C. A broadcast media
				announcement. -- The applicant shall broadcast a notice, fulfilling the
				requirements in paragraph 5.1.d.2, at least once on at least one local radio
				station or television station. The applicant may employ another medium with
				prior approval of the Secretary; and
5.1.d.1.D. A notice to the Department.-- The
				applicant shall send a copy of the newspaper notice to the Secretary and to the
				appropriate units of state and local government having jurisdiction over the
				area where the facility is or is proposed to be located and to each state
				agency having any authority under state law with respect to the construction or
				operation of the facility.
5.1.d.2. The notices required under paragraph
				5.1.d.1 must include:
5.1.d.2.A. The date,
				time, and location of the meeting;
5.1.d.2.B. A brief description of the purpose
				of the meeting;
5.1.d.2.C. A brief
				description of the facility and proposed operations, including the address or a
				map (e.g., a sketched or copied street map) of the facility location;
5.1.d.2.D. A statement encouraging people to
				contact the facility at least seventy-two (72) hours before the meeting if they
				need special access to participate in the meeting; and
5.1.d.2.E. The name, address, and telephone
				number of a contact person for the applicant.