CSR 45-25-1. General

45-25-1. General. 1.1. Scope. 1.1.a. This rule establishes and adopts a program of regulation over air emissions and emission standards for the treatment, storage and disposal of hazardous waste promulgated by the United States Environmental Protection Agency (U.S. EPA) pursuant to the Resource Conservation and Recovery Act, as amended (RCRA). This rule codifies general procedures and criteria to implement emission standards set forth in the 40 CFR Parts 260, 261, 262, 264, 265, 266, 270 and 279 as listed in Table 25-A. The Secretary hereby adopts these standards by reference. The Secretary also adopts associated reference methods, performance specifications and other test methods which are appended to these standards. 1.1.b. The purpose of this rule is to achieve and maintain such levels of air quality that will protect the public health and safety and the environment from the effects of improper, inadequate, or unsound treatment, storage, or disposal of hazardous waste. Further, all persons engaged in the treatment, storage, or disposal of hazardous waste shall give careful consideration to the effects of the resultant emissions on the air quality or the areas affected by such hazardous waste or constituent thereof in such quantities as to cause ambient air concentrations which may be injurious to human health or welfare which would interfere with the enjoyment of life or property. 1.1.c. Neither compliance with the provisions of this rule nor the absence of specific language to cover particular situations constitutes approval or implies consent or condonement of any emission which is released in any locality in a manner or amount as to cause or contribute to statutory air pollution. Neither does it exempt nor excuse any person from complying with other applicable laws, ordinances, regulations, or orders of governmental entities having jurisdiction over hazardous waste treatment, storage or disposal facilities. 1.1.d. This rule is promulgated pursuant to W. Va. Code 22-5-4 and 22-18-6. Recognizing that each article has its own enforcement sections, it is the intent of the Secretary that enforcement shall be implemented in accordance with W. Va. Code 22-18-1 et seq., where practicable. 1.1.e. Permit applications shall be processed in accordance with the permitting procedures as set forth in W. Va. Code 22-18-1 et seq., 33CSR20, and this rule. 1.2. Authority. -- W. Va. Code 22-5-4 and 22-18-6. 1.3. Filing Date. -- May 1, 2012. 1.4. Effective Date. -- June 1, 2012. 1.5. Incorporation By Reference. 1.5.a. Federal Counterpart Regulation. -- The Secretary has determined that a federal counterpart regulation exists, and in accordance with the Secretarys recommendation, with limited exception, this rule incorporates by reference the provisions contained in 40 CFR Parts 260, 261, 262, 264, 265, 266, 270 and 279 as listed in Table 25-A, effective June 1, 2011. 1.5.b. This rule incorporates by reference the provisions contained in 33CSR20, Hazardous Waste Management System that are in effect on the date this rule becomes effective, except for any provision in 33CSR20 which incorporates by reference the Code of Federal Regulations. 1.6. Former Rules. -- This legislative rule amends 45CSR25 Control of Air Pollution From Hazardous Waste Treatment, Storage, and Disposal Facilities which was filed June 16, 2011, and which became effective June 16, 2011.