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e-CFR data is current as of November 30, 2020

Title 40Chapter ISubchapter CPart 62 → Subpart XX


Title 40: Protection of Environment
PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS


Subpart XX—West Virginia


Contents

Fluoride Emissions From Phosphate Fertilizer Plants

§62.12100   Identification of plan—negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

§62.12110   Identification of plan—negative declaration.

Landfill Gas Emissions From Existing Municipal Solid Waste Landfills (Section 111(d) Plan)

§62.12125   Identification of plan.
§62.12126   Identification of sources.
§62.12127   Effective date.

Emissions From Existing Hospital/Medical/Infectious Waste Incinerators (HMIWIs) (Section 111(d)/129 Plan)

§62.12150   Identification of plan.
§62.12151   Identification of sources.
§62.12152   Effective date.

Emissions From Existing Commercial Industrial Solid Waste Incinerators (CISWI) Units (Section 111(d)/129 Plans)

§62.12155   Identification of plan.
§62.12156   Identification of sources.
§62.12157   Effective date.

Emissions From Existing Small Municipal Waste Combustion Units

§62.12160   Identification of plan—negative declaration.

Emissions From Other Solid Waste Incinerator Units

§62.12165   Identification of plan—negative declaration.

Emissions From Existing Sewage Sludge Incineration Units

§62.12170   Identification of plan—negative declaration.

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Fluoride Emissions From Phosphate Fertilizer Plants

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§62.12100   Identification of plan—negative declaration.

The West Virginia Air Pollution Control Commission submitted on October 25, 1977, a letter certifying that there are no existing phosphate fertilizer plants in the State subject to part 60, subpart B of this chapter.

[45 FR 43412, June 27, 1980]

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Emissions From Existing Municipal Waste Combustors With the Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

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§62.12110   Identification of plan—negative declaration.

Letter from the Division of Environmental Protection submitted March 11, 1996 certifying that there are no existing municipal waste combustor units in the State of West Virginia that are subject to part 60, subpart Cb, of this chapter.

[65 FR 33467, May 24, 2000]

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Landfill Gas Emissions From Existing Municipal Solid Waste Landfills (Section 111(d) Plan)

Source: Sections 62.12125 through 62.12127 appear at 66 FR 28379, May 23, 2001, unless otherwise noted.

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§62.12125   Identification of plan.

(a) West Virginia 111(d) plan for municipal solid waste landfills, including delegation of Federal plan compliance schedule and reporting requirements, as submitted to the Environmental Protection Agency on May 29, 1998, and as amended on May 15, 2000, and December 20, 2000, to implement 40 CFR part 60, subpart Cc.

(b)(1) Control of landfill gas emissions from existing municipal solid waste landfills, submitted by the West Virginia Department of Environmental Protection on September 13, 2018, to implement 40 CFR part 60, subpart Cf. The Plan includes regulatory provisions cited in paragraph (c) of this section, which the EPA incorporates by reference.

(2) After December 23, 2019, the substantive requirements of the municipal solid waste landfills state plan are contained in paragraph (b) of this section and owners and operators of municipal solid waste landfills in West Virginia must comply with the requirements in paragraph (b) of this section.

(c) Incorporation by reference. (1) The material incorporated by reference in this section was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of the material is available electronically through www.regulations.gov, Docket No. EPA-R03-OAR-2019-0187, or at the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103, 215-814-5000. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

(2) State of West Virginia, Secretary of State, Code of State Regulations.

(i) 45 CSR 23: West Virginia legislative rule; Title 45, Department of Environmental Protection, Air Quality; Series 23, Control of Air Pollution from Municipal Solid Waste Landfills, effective June 1, 2018.

(ii) [Reserved]

[84 FR 64431, Nov. 2, 2019]

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§62.12126   Identification of sources.

(a) The plan in §62.12125(a) applies to all existing West Virginia municipal solid waste landfills for which construction, reconstruction, or modification was commenced before May 30, 1991 and that accepted waste at any time since November 8, 1987, or that have additional capacity available for future waste deposition, as described in 40 CFR part 60, subpart Cc.

(b) The plan in §62.12125(b) applies to all existing municipal solid waste landfills under the jurisdiction of the West Virginia Department of Environmental Protection for which construction, reconstruction, or modification was commenced on or before July 17, 2014.

[84 FR 64432, Nov. 22, 2019]

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§62.12127   Effective date.

(a) The effective date of the plan submitted on May 29, 1998, and as amended on May 15, 2000 by the West Virginia Department of Environmental Protection for municipal solid waste landfills is July 23, 2001.

(b) The effective date of the plan submitted on September 13, 2018 by the West Virginia Department of Environmental Protection for municipal solid waste landfills is December 23, 2019.

[84 FR 64432, Nov. 22, 2019]

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Emissions From Existing Hospital/Medical/Infectious Waste Incinerators (HMIWIs) (Section 111(d)/129 Plan)

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§62.12150   Identification of plan.

(a) Section 111(d)/129 plan for HMIWIs and the associated West Virginia (WV) Department of Environmental Protection regulations, as submitted on August 18, 1999, and as amended on April 19, 2000.

(b) On May 11, 2009, the West Virginia Department of Environmental Protection submitted a State plan revision (#1) that consolidates all existing section 111(d)/129 incinerator regulatory requirements into one modified rule, WV45CSR18.

(c) On September 7, 2011 the West Virginia Department of Environmental Protection submitted a State plan revision that updates the state rule for Control of Air Pollution from Combustion of Solid Waste in Hospital/Medical/Infectious Waste Incinerators, WV45CSR18.

[65 FR 37049, June 13, 2000, as amended at 74 FR 38348, Aug. 3, 2009; 77 FR 3391, Jan. 24, 2012]

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§62.12151   Identification of sources.

The plan applies to each individual HMIWI:

(a) For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998.

(b) For which construction was commenced after June 20, 1996 but no later than December 1, 2008, or for which modification is commenced after March 16, 1998 but no later than April 6, 2010.

[77 FR 3391, Jan. 24, 2012]

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§62.12152   Effective date.

(a) The effective date of the plan is July 28, 2000.

(b) Plan revision #1 is effective October 2, 2009.

(c) The September 7, 2011 plan revision is effective March 26, 2012.

[65 FR 37049, June 13, 2000, as amended at 74 FR 38348, Aug. 3, 2009; 77 FR 3391, Jan. 24, 2012]

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Emissions From Existing Commercial Industrial Solid Waste Incinerators (CISWI) Units (Section 111(d)/129 Plans)

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§62.12155   Identification of plan.

(a) Section 111(d)/129 CISWI plan submitted on November 29, 2001, amended September 25, 2002, and January 22, 2003.

(b) On May 11, 2009, the West Virginia Department of Environmental Protection submitted a State plan revision (#1) that consolidates all existing section 111(d)/129 incinerator regulatory requirements into one modified rule, WV45CSR18.

[68 FR 17741, Apr. 11, 2003, as amended at 74 FR 38346, Aug. 3, 2009]

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§62.12156   Identification of sources.

The plan applies to the Dupont CISWI unit located in Wood County, West Virginia.

[68 FR 17741, Apr. 11, 2003]

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§62.12157   Effective date.

(a) The effective date of the plan is June 10, 2003.

(b) Plan revision #1 is effective October 2, 2009.

[68 FR 17741, Apr. 11, 2003, as amended at 74 FR 38346, Aug. 3, 2009]

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Emissions From Existing Small Municipal Waste Combustion Units

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§62.12160   Identification of plan—negative declaration.

Letter from the West Virginia Department of Environmental Protection, Division of Air Quality, submitted July 3, 2001, certifying that there are no existing small municipal waste combustion units within the State of West Virginia that are subject to 40 CFR part 60, subpart BBBB.

[68 FR 28774, May 27, 2003]

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Emissions From Other Solid Waste Incinerator Units

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§62.12165   Identification of plan—negative declaration.

Letter from the West Virginia Department of Environmental Protection submitted June 2, 2006, certifying that there are no existing other solid waste incinerator units within the State of West Virginia that are subject to 40 CFR part 60, subpart FFFF.

[72 FR 37633, July 11, 2007]

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Emissions From Existing Sewage Sludge Incineration Units

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§62.12170   Identification of plan—negative declaration.

Letter from the West Virginia Department of Environmental Protection, submitted to EPA on August 27, 2012, certifying that there are no known existing sewage sludge incineration units in the State of West Virginia.

[79 FR 39336, July 10, 2014]

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