Hazardous Waste

West Virginia

Comparison of State and Federal Hazardous Waste Rules

General Summary (find a description of Federal Rules here).

    West Virginia follows the federal rules for hazardous waste management.

1. Do I need an EPA ID number to handle hazardous wastes in West Virginia?

Main Hazardous Waste Page: State Hazardous Waste Management Information

2. How do I determine my generator status?

    West Virginia generally follows the federal rules for defining generator status. CESQGs must notify DEP of their hazardous waste generation activities and obtain an EPA identification number. CESQGs do not have the option of delivering their hazardous waste to on-site or off-site facilities that are permitted, licensed, or registered by West Virginia to manage municipal solid wastes or nonmunicipal nonhazardous wastes.Generators may treat hazardous waste on-site without a treatment facility permit, if the treatment is in compliance with the state's on-site accumulation requirements.Generators must pay an annual groundwater fee of $100Generators must pay an annual Hazardous Waste Management Fund Fee: LQGs pay $2,000; SQG's pay $200; and CESQG's pay $24. Generators must pay an annual fee to the Hazardous Waste Emergency Response Fund for on each ton of hazardous waste generated during the year.

3. How can I tell if the waste materials I handle are considered hazardous wastes?

    West Virginia follows the federal rules for defining hazardous wastes.West Virginia adopted the federal mixture rule exemption for wastewater. The owner must also provide written certification that groundwater monitoring complies with the federal rule or with state approval; must notify the state before claiming the exemption; and submit an annual list of the hazardous wastes expected to be exempted.

4. How long can I store hazardous wastes on site?

    West Virginia follows the federal rules for storing hazardous wastes.

5. Who can transport and receive the wastes I ship off site?

    West Virginia follows the federal rules for shipping hazardous wastes to a TSD.Anyone transporting hazardous materials through or into West Virginia must apply to PSC for a uniform hazardous materials registration and permit. This requirement is for all "motor carriers."

6. What records do I have to keep?

    West Virginia follows the federal rules for recordkeeping.

7. Do I have to file reports?

    West Virginia follows the federal rules for reporting.

8. What training requirements do I have to meet?

    West Virginia generally follows the federal rules for training.West Virginia has its own, stricter requirements for training for yard waste composting operators, hazardous substance emergency response, UST service providers, pesticide storage emergency response, and wastewater treatment operator certification.

9. What differences between states may exist with regard to use of the the new standardized manifest form?

    As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For West Virginia these differences include:

    Additional Wastes:
    West Virginia does not have any state specific waste codes.

    Exemptions: None.

    West Virginia Department of Environmental Protection does not require copies of manifests be submitted to it regardless of whether the waste originates or is disposed of in the state. The only exceptions are when the shipment is an international shipment or a shipment utilizing a state-issued one-time provisional US EPA ID Number.  The provisional number is used for a one-time cleanup of regulated waste, and is usually issued for a period of 30 days.  If you meet either of these exceptions, please mail your manifest to: West Virginia Department of Environmental Protection, Division of Water and Waste Management, 601 57th Street, Charleston, West Virginia, 25304. Attention:  Patrick Boyd

    Reporting: None.

    Recordkeeping: None.

    Other Notes, Comments:: None.

10. What are some other differences between federal and state rules?

    None found.

11. Contacts

    No contact information available