W. Va. Code R. agency 47, tit. 47, ser. 47-35, app 1
The following guidelines are applicable to small quantity generators and conditionally exempt small quantity generators. Compliance with the provisions of this Appendix constitutes compliance with this rule. The provisions of this Appendix are the minimal requirements for small quantity generators and conditionally exempt small quantity generators notwithstanding any provision of the .code of federal regulations or these rules to the contrary.
1. Special requirements for hazardous waste generated by small quantity generators.
1.1. A small quantity generator is a generator of hazardous waste that generates more than 100 kilograms but less than 1000 kilograms of hazardous waste per calendar month.
1.2. Hazardous waste determination. A person who generates wastes must determine if that waste is hazardous and not excluded from regulation by one of the following methods:
1.2.a. Applying knowledge of the waste in light of the materials or processes used and knowledge of the characteristic and listed hazardous wastes contained in 40 CFR part 261.
1.2.b. Testing the waste according to methods set forth in 40 CFR part 261 or set forth in EPA Publication SW 846 as referenced by 40 CFR Part 261.
1.2.c. Voluntarily declaring the wastes as hazardous and subject to regulation.
1.2.d. Reviewing the exclusions at 40 CFR parts 261.2(e) and 261.4 to determine if their waste is excluded from regulation.
1.3. The small quantity generator must notify the chief of hazardous waste generation activities in accordance with the provisions of Section 4 of this rule. A small quantity generator may not treaty store or dispose of, transport or offer for transportation hazardous waste without having received an EPA identification number. In addition, the generator must not offer his hazardous waste to transporters or to treatment, storage or disposal facilities that have not received an EPA identification number.
1.4. If a small quantity generator treats (other than by elementary neutralization or other excluded methods), accumulates or stores for longer than the time frames set forth in paragraph a. 5 of this Appendix or disposes of hazardous waste on site, the small quantity generator becomes subject to the expanded requirements of 40 CFR Parts 263, 264, 265, 256, 268 and 270 as well as any other applicable parts.
1.5. The small quantity generator may accumulate and store hazardous waste on site for 180 days from the day it is generated unless the distance that waste must be shipped for proper treatment, storage or disposal is more than 200 miles in which case the small quantity generator may accumulate hazardous waste on site for 270 days provided that the quantity of waste accumulated on site does not exceed 6,000 kilograms.
1.5.a. If due to unforeseen, temporary and uncontrollable circumstances hazardous waste must remain on site for longer than 180 or 270 days, an extension of up to 30 days may be granted by the chief.
1.6. Containers. The small quantity generator must accumulate and store hazardous waste in containers or tanks that meet the following requirements in order to be eligible for the reduced requirements of this Appendix.
1.6.a. Containers must be kept in good condition as defined by the United States department of transportation regulations.
1.6.b. Containers must be kept closed except when adding or removing waste.
1.6.c. Containers must be opened, handled and stored in a way which will not cause them to rupture or leak.
1.6.d. The owner or operator of a small quantity generator facility must inspect hazardous waste container storage areas at least weekly for leaks and/or deterioration and must remediate these conditions, upon detection.
1.6.e. Incompatible wastes (such as oxidizers and petroleum based degreasers) must not be placed in the same container. Nor shall waste be placed in an unwashed empty container which previously held another material with which it is incompatible. (Other examples of potentially incompatible, wastes can be found at 40 CFR part 265, appendix V)
1.6.f. Storage containers for incompatible wastes must be separated by means of a dike, berm, wall or other device.
1.7. Tanks. Small quantity generators who accumulate or store hazardous waste in tanks must comply with 40 CFR § 265.201 in order-to be eligible for the reduced requirements of this Appendix.
1.8. If a small quantity generator closes (permanently removes from service) a container or tank storage area 40 CFR § 265.114 must be followed to insure that no contamination exists or remains at the storage location.
1.9. Labeling, Containers and tanks accumulating or storing hazardous waste must comply with the following labeling requirements:
1.9.a. On each container, the date upon which each period of accumulation began must be clearly marked and visible for inspection.
1.9.b. Each container and tank must be clearly labeled or marked with the words "hazardous waste" while in use on site.
1.10. Manifest. Small quantity generators that transport or offer for transportation, hazardous waste for off site treatment, storage or disposal must prepare a manifest on the currently approved EPA form according to the instructions that accompany that form and in compliance with 40 CFR 262 subpart B unless the waste is reclaimed under a contractual agreement where:
1.10.a. The type of waste and frequency of shipments are specified in the agreement;
1.10.b. The vehicle used-to transport the waste .to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and
1.10.c. The generator maintains a copy of the reclamation agreement on site for a period of at least three (3) years after the termination or expiration of the agreement.
1.11. Record keeping. The small quantity generator must comply with the following record keeping requirements:
1.11.a. A copy of each properly completed manifest must be kept on site for at least three (3) years from the date that the waste was accepted by the initial transporter.
1.11.b. Any test results, waste analyses or other record of a method used to make a hazardous waste determination must be kept on site for at least three (3) years from the date that the waste was sent to on site or off site treatment, storage or disposal.
1.11.c. The three (3) year record retention time is automatically extended during the course of any unresolved enforcement action regarding regulated activity or as requested by the chief.
1.11.d. If a copy of the manifest with the handwritten signature of the owner or operator of the designated facility has not been received by the generator within 60 days of the date the waste was accepted by the initial transporter, the generator must submit a legible copy of the manifest with some indication that the generator has not received confirmation of delivery to the chief.
1.11.3. The chief, as he deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of hazardous wastes.
1.12. Preparedness and prevention. Facilities must be maintained and operated to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of hazardous wastes or hazardous waste constituents to air, soil or surface water which could threaten human health or the environment and meet the following requirements in order to be eligible for the reduced requirements of this Appendix,
1.12.a. Required equipment. - All facilities must be equipped with the following unless none of the hazards posed by the wastes handled at the facility could require a particular kind of equipment specified below:
1.12.a.1. An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
1.12.a.2. A device such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments or state or local emergency response teams.
1.12.a.3. Portable fire extinguishers, fire control equipment (including special extinguishing equipment), spill control equipment and decontamination equipment.
1.12.a.4. Water at adequate volumes and pressure to supply water hose streams, or foam producing equipment or automatic sprinklers or water spray systems.
1.12.b. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment where required must be tested and maintained as necessary to assure its proper operation in time of emergency.
1.12.c. Whenever hazardous waste is being handled all personnel involved in the operation must have immediate access to an internal alarm or an emergency communication device, either directly or through visual or voice contact with another unless such a device is not required by part a.12.A.2. of this Appendix. If there is just one employee on the premises while the facility is operating, that employee must have immediate access to a device referenced by part a.12.A.2. of this Appendix.
1.12.d. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in an emergency unless aisle space is not needed for any of these purposes.
1.12.e. The owner or operator must attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations.
1.12.e.1. Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places when facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes.
1.12.e.2. Arrangements designating primary emergency authority to a specific policy and a specific fire department where more than one police or fire department might respond and arrangements with any others to provide support to the primary emergency authority.
1.12.e.3. Arrangements with state emergency response teams, emergency response contractors and equipment suppliers.
1.12.e.4. Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility.
1.12.f. Where state or local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.
1.12.g. At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility in a short period of time) with the responsibility for coordinating all emergency response measures specified in these regulations. This employee is the emergency coordinator.
1.12.h. The following information must be posted next to the telephone:
1.12.h.1. The name and telephone number of the emergency coordinator.
1.12.h.2. The location of fire extinguishers and spill control equipment and, if present, the fire alarm.
1.12.h.3. The telephone number of the fire department unless the facility has a direct alarm.
1.12.i. The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
1.12.j. The emergency coordinator or his designee must respond to any emergencies that arise and initiate the proper response to the emergency including but not limited to calling the fire department in the event of a fire or remediating a spill.
1.12.k. In the event of a fire, explosion or other release that could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must notify the National Response Center at 1-800-424-8802. The report must contain the following information:
1.12.k.1. The name, address and EPA identification number of the generator.
1.12.k.2 The date, time and type of incident.
1.12.k.3. Type and quantity of hazardous waste involved in the incident.
1.12.k.4. Extent of injuries, if any.
1.12.k.5. Estimated quantity and disposition of recovered materials, if any.
1.13. If a small quantity generator either exports or imports hazardous waste out of or into the United States of America, he must comply with Subparts E and F or 40 CFR Part 262 respectively.
1.14 A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards of this rule provided he triple rinses each emptied pesticide container that has held an acute hazardous waste with a solvent capable of removing the waste and disposes the pesticide residue on his own farm in a manner consistent with the disposal instructions on the pesticide label.
1.15. If a small quantity generator does not meet all the requirements set forth herein, the reduced requirements do not apply and the generator will be subject to full regulation.
2. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
2.1. A conditionally exempt small quantity generator is a generator of hazardous waste that produces no more than 100 kilograms of hazardous waste per calendar month or no more than one (1) kilogram of acute hazardous waste and that meets the requirements stipulated below.
2.1.a. If the generator generates a total of one (1) kilogram or more of acute hazardous waste identified in 40 CFR part 261 in a calendar month/ the waste shall be subject to full regulation.
2.2. The conditionally exempt small quantity generator must make a proper hazardous waste determination as specified in paragraph a.2. of this Appendix. When determining the amount of hazardous waste generated, a generator need only include those wastes that are generated on site prior to reclamation, and are not excluded under 40 CFR part 261.
2.3. The conditionally exempt small quantity generator must notify the chief of its hazardous waste generation activity. No generator shall treaty store or dispose of transport or offer for transportation hazardous waste without having received an EPA identification number.
2.4. A conditionally exempt small quantity generator .may accumulate up to 1000 kilograms of hazardous waste on site before becoming subject to the requirements of paragraph a.5. of this Appendix with the exception that;
2.4.a. A total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill into or on any land or water of any acute hazardous wastes listed in 40 CFR part 261 may be accumulated before becoming subject to full regulation.
2.5. Record keeping. The generator must establish and maintain on site a written record specifying the quantity and types hazardous wastes disposed of, the dates the wastes were transported off site and the final disposition of the wastes. The preferred method for this requirement is via the manifest.
2.6. The generator must either treat or dispose of hazardous waste in an on site facility or ensure delivery to an off site treatment, storage or disposal facility either of which:
2.6.a. Is permitted, or under interim status, to treat, store or dispose of hazardous waste by a state or the federal government or both;
2.6.b. Is permitted, licensed or registered by a state other than West Virginia to manage waste generated by conditionally exempt small quantity facilities;
2.6.c. Beneficially uses or re-uses or legitimately recycles or reclaims the waste; or,
2.6.d. Treats the waste prior to beneficial use or re-use of legitimate recycling or reclamation.
2.7. Hazardous waste subject to the reduced requirements of subdivision b may be mixed with non-hazardous waste and remain subject to the reduced requirements even though the resultant mixture exceeds the quantity limitations in paragraph b.4. of this Appendix unless the mixture meets any of the characteristics of hazardous waste identified in 40 CFR part 261 with the following modifications:
2.7.a. If any person mixes a waste with a hazardous waste that exceeds a quantity exclusion level of paragraph b.4. of this Appendix, the mixture is subject to full regulations.
2.7.b. If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to 40 CFR part 279.
2.8. If a conditionally exempt small quantity generator does not meet all of the requirements set forth herein, the exemption does not apply and the generator will be subject to full regulation.
W. Va. Code R. agency 47, tit. 47, ser. 47-35, app 1