Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-20-2 - Hazardous Waste Management System: General2.1. 40 C.F.R. Part 260. - The provisions of 40 C.F.R. § 260 are hereby adopted and incorporated by reference with the modifications, exceptions, and additions set forth in this section.2.1.1. The definitions of terms used in this rule will have the meaning ascribed to them in 40 C.F.R. §§ 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 273, and 279 with the exceptions, modifications, and additions set forth in this section. 2.1.1.a. "Full regulation" means those rules applicable to generators of greater than 1,000 kilograms of non-acutely hazardous waste in a calendar month and/or those generators that treat, store or dispose of hazardous waste at the facility.2.1.1.b. "Stage" or "staging" means the temporary placement of off-site generated recyclable materials within a recycling facility for a period of time no longer than three days. Placement of recyclable materials for longer than three days is considered "storage".2.1.1.c. In all matters related to implementation of the West Virginia Hazardous Waste Management Act and the rules promulgated thereunder, the term "conditionally exempt small quantity generator" shall have the same meaning as the term "very small quantity generator" as defined in 40 CFR § 260.10.2.2.40 C.F.R. § 260.2. - The provisions of 40 C.F.R. §§ 260.2(a) and (b) are excepted from incorporation by reference herein. Availability of information provided under this rule is controlled by the provisions of W. Va. Code § 22-18-12.2.3.40 C.F.R. § 260.21(d). - The provisions of 40 C.F.R. § 260.21(d) are excepted from incorporation by reference in this rule.2.4. Petitions for Waste Exclusions. 2.4.1. Any person seeking to exclude a waste at a particular generating facility from 40 C.F.R. § 261.3 or 40 C.F.R. part 261, Subpart D, as incorporated by this rule, may petition the Secretary for an exclusion following the procedures established in 40 C.F.R. § 260.20 and 40 C.F.R. § 260.22. The Secretary will utilize EPA guidance in evaluating delisting petitions.2.4.2. An initial non-refundable fee of $1,000.00 shall accompany all petitions submitted under this rule. The petitioner shall execute an agreement with the Secretary providing for the recovery of all reasonable costs incurred by the Department of Environmental Protection attributable to the review and investigation of the petition in excess of the initial fee submitted with the petition. 2.4.2.a. Recoverable costs will be determined by the number of hours worked under the agreement by the primary Department of Environmental Protection employee multiplied by 2.5 times the hourly rate of that employee and then adding direct expenses incurred by that employee. Costs related to independent contractors retained by the Department of Environmental Protection to assist in the review and investigation of petitions will be included as direct expenses.2.4.2.b. Within 30 calendar days of receiving a petition under this section, the Department shall send the petitioner an itemized list of estimated costs it expects to incur as a result of reviewing and investigating the petition. The list will include anticipated outside contractor costs.2.4.2.c. If, upon review of the itemized list of estimated costs submitted by the Department, the petitioner determines not to continue the petition process, the petitioner, if he wishes to withdraw the petition, shall submit a certified letter to the Secretary withdrawing the petition. If the letter is submitted within ten (10) days of the date of receipt of the Department's list of estimated costs, the petitioner will not be liable for any costs incurred in excess of the initial application fee.2.4.3. Where the Administrator of the EPA has granted a petition to exclude hazardous waste from 40 C.F.R. § 261.3 or 40 C.F.R. part 261, Subpart D, pursuant to 40 C.F.R. § 260.22, the Secretary shall accept the determination and amend this rule accordingly, provided: 2.4.3.a. Petitioner submits a copy of the petition submitted to the Administrator, including all demonstrative information, and a copy of the Administrator's approval granting the exclusion pursuant to 40 C.F.R. § 260.20(e); and2.4.3.b. No scientifically supportable reasons for denying the petition are advanced that had not been presented to the Administrator.2.5. Petitions to amend the regulations to include additional wastes as universal wastes. 2.5.1. Persons desiring to include a waste as a universal waste shall petition the Secretary for an inclusion after having received approval from the Administrator of the Environmental Protection Agency. The petition will include:2.5.1.a. A copy of the petition submitted to the Administrator of the Environmental Protection Agency pursuant to 40 C.F.R. § 260.23, including all demonstration information;2.5.1.b. A copy of the Administrator's approval granting the petition under 40 C.F.R. § 260.23 and 40 C.F.R. § 260.20 and 40 C.F.R. Part 273; and2.5.1.c. Any additional information that may be required for the Secretary to evaluate the petition.2.5.2. Within 120 days of the filing of the petition, the Secretary shall decide whether to approve or to deny the petition and so advise the petitioner. If the Secretary denies the petition is made, he or she shall notify the petitioner of the action in writing, setting forth the reasons therefor.2.5.3. The Secretary shall not deny a petition to include a waste as a universal waste that has been approved by the Administrator, unless scientifically supportable reasons for the denial are advanced that had not been presented to the Administrator.2.5.4. Any person may petition the Secretary to include a waste as a universal waste as follows: 2.5.4.a. Submit a petition to the Secretary demonstrating that regulation under the universal waste regulations of 40 C.F.R. Part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the Hazardous Waste Program. The petition shall also include information required by 40 C.F.R. § 260.20(b) and include as many of the factors listed in 40 C.F.R. § 273.81 as are appropriate for the waste or category of waste addressed in the petition.2.5.4.b. The Secretary shall grant or deny a petition using the factors listed in 40 C.F.R. § 273.81. The decision will be based on the weight of evidence showing that regulation under 40 C.F.R. Part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the Hazardous Waste Program.2.5.4.c. The decision of the Secretary will be in writing and state the reasons to either grant or deny the petition. Any petitioner aggrieved by the decision of the Secretary may appeal the decision to the Environmental Quality Board in accordance with the provisions of W. Va. Code § 22-18-20.