West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-23 - Control of Air Pollution from Municipal Solid Waste Landfills › Section 45-23-2 - 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 his or her designated representative.
2.2. "CFR" or "C.F.R." means the Code of
				Federal Regulations.
2.3. "Clean
				Air Act" ("CAA") means the federal Clean Air Act, as amended,
				42 U.S.C. §
										7401, et seq.
2.4. "Closed landfill" means a landfill into
				which solid waste is no longer being placed and into which no additional solid
				wastes will be placed without first filing a notification of modification as
				prescribed in
				40 CFR §
										60.7(a)(4) (incorporated by
				reference into state law at 45CSR16). Once the owner or operator has filed a
				notification of modification, and places additional solid waste in the
				landfill, the landfill is no longer closed.
2.5. "Closed landfill subcategory" means a
				closed landfill that has submitted a closure report on or before September 27,
				2017, as specified in subdivision 7.9.f below
2.6. "Existing" means each municipal solid
				waste landfill that commenced construction, reconstruction or modification on
				or before July 17, 2014.
2.7.
				"Modification" means an increase in the permitted volume design capacity of the
				landfill by either lateral or vertical expansion based on its permitted design
				capacity as of July 17, 2014. Modification does not occur until the owner or
				operator commences construction on the lateral or vertical expansion.
2.8. "Municipal solid waste
				landfill" or "MSWL" means an entire disposal facility in a contiguous
				geographical space where household waste is placed in or on land. A MSWL may
				also receive other types of Resource Conservation and Recovery Act (RCRA)
				Subtitle D wastes (40 CFR ' 257.2), such as commercial solid waste,
				nonhazardous sludge, conditionally exempt small quantity generator waste, and
				industrial solid waste. Portions of a MSWL may be separated by access roads. A
				MSWL may be publicly or privately owned. A MSWL may be a new MSWL, an existing
				MSWL, or a lateral expansion.
2.9.
				"Municipal solid waste landfill emissions" or "MSWL emissions" means gas
				generated by the decomposition of organic waste deposited in a MSWL or derived
				from the evolution of organic compounds in the waste.
2.10. "NMOC" (Non Methane Organic Compounds)
				means nonmethane organic compounds, as measured according to the provisions of
				subsection 7.6 below.
2.11.
				"Person" means any and all persons, natural or artificial, including the state
				of West Virginia or any other state, the United States of America, any
				municipal, statutory, public or private corporation organized or existing under
				the laws of this or any other state or country, and any firm, partnership or
				association of whatever nature.
2.12. "Ppm" means parts per million.
2.13. "Secretary" means the
				Secretary of the 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. "Treatment System" means a
				system that filters, de-waters, and compresses landfill gas for sale or
				beneficial use.
2.15. Other words
				and phrases used in this rule, unless otherwise indicated, shall have the
				meaning ascribed to them in 40 CFR part 60 subparts A, B, Ba, Cc, Cf, WWW and
				XXX as applicable. Words and phrases not defined therein shall have the meaning
				given to them in the federal Clean Air Act.