W. Va. Code R. § 150-11-1

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-11-1 - General

1.1. Scope. -- These rules apply to all rail transporters who transport hazardous waste, universal waste, or used oil within or through the State of West Virginia.

1.2. Authority. -- W. Va. Code § 22-18-7(b).

1.3. Filing date. -- October 23, 2002.

1.4. Effective date -- December 24, 2002.

1.5. The definition of terms used in these rules shall have the meaning ascribed to them in the rules of the Department of Environmental Protection's Division of Waste Management implementing the Hazardous Waste Management Act, 33 CSR 20.

1.6. These rules do not apply to on-site movements of hazardous waste by generators or by owners and/or operations of authorized hazardous waste management facilities.

1.7. Transportation of hazardous waste shipments which originate, terminate or occur entirely within the State of West Virginia shall comply with all of these rules. Transportation of hazardous waste shipments originating and terminating outside of West Virginia shall comply with Sections 1.8., 1.10., 2., 3., 4. and 5. of these rules while in West Virginia.

1.8. A transporter of hazardous waste who transports hazardous waste into the United States from abroad or who mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container must also comply with the standards applicable to generators of hazardous waste contained in Section 5 of the rules of the West Virginia Department of Environmental Protection (DEP) implementing the Hazardous Waste Management Act. Title 33 of the Legislative Rules, Division of Environmental Protection, Division of Waste Management, Series 20.

1.9. These rules are promulgated by the Public Service Commission of West Virginia and administered by the Railroad Safety Division of the Public Service Commission of West Virginia. Questions regarding these rules may be addressed to the Railroad Safety Division, Public Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812, Charleston, West Virginia 25323; Telephone: (304)340-0474.

1.10. All transporters in the State must contact the Department of Environmental Protection and obtain an EPA Identification Number from the State before they accept hazardous waste for transport.

1.11. A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of Section 5 of 33 CSR 20 at a transfer facility as defined in Section 2 of 33 CSR 20 for a period of ten days or less is not subject to regulation under Sections 7, 8, 10 and 11 of 33 CSR 20 with respect to storage of those wastes.

1.12. Transportation of universal waste shipments shall comply with Section 8 of these rules.

1.13. Transportation of used oil shall comply with Section 9 of these rules.

1.14.

1.14.a. These regulations do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), as incorporated by reference in Section 7, or 40 CFR 265.1(c)(11)(i)(D) or (iv), as incorporated by reference in Section 8, and 40 CFR 270.1(c)(3)(i)(D) or (iii), as incorporated by reference in Section 11 of 33 CSR 20.

1.14.b. Section 10 of these rules identifies how the requirements of Sections 1 through 7 of these rules apply to military munitions classified as solid waste under 40 CFR 266.202, as incorporated by reference in Section 9 of 33 CSR 20.

W. Va. Code R. § 150-11-1