Current through Register Vol. XLII, No. 1, January 3, 2025
Section 157-7-5 - Transportation Requirements5.1. Requirements. No person will transport or offer to transport and no transporter will accept hazardous waste in this state except in accordance with: a.) the requirements of this rule; b.) 33 CSR 20 of the Department of Environmental Protection implementing the Hazardous Waste Management Act;c.)40 C.F.R. 262, 263, 266 Subpart M, 273, "Universal Waste", and 279, "Used Oil" of the U.S. Environmental Protection Agency; and d.) 49 C.F.R. Parts 171 through 173, 177 through 179, 49 C.F.R. 387 - Minimum levels of financial responsibilities for motor carriers, and 49 C.F.R. 390 through 397 of the Federal Highway Administration, Department of Transportation as amended. (See link, pages 8 and 9).5.2. Out of Service. Every hazardous waste transporter or authorized hazardous waste transporter operating upon the roads and highways of West Virginia must be in compliance with all applicable rules and regulations enforced by the West Virginia Division of Highways and the Public Service Commission. If any of these rules and regulations are violated by a highway transporter, the Division of Highways or Public Service Commission representative conducting vehicle inspections may deem the driver, vehicle and cargo out-of-service. All said violations must be corrected and the driver, vehicle and/or cargo found to be in compliance before the vehicle is allowed to continue its journey.5.3. U.S. EPA Identification Number Required. A transporter must not transport hazardous wastes without having received an Environmental Protection Agency Identification Number from the Administrator of the U.S. Environmental Protection Agency, as required by the West Virginia Department of Environmental Protection.5.4. U.S. EPA Identification Number Application. A transporter who has not received an Environmental Protection Agency Identification Number may obtain one by applying to the Administrator of the U.S. Environmental Protection Agency (See link, pages 8 and 9). Upon receiving the request, the Administrator of the U.S. Environmental Protection Agency will assign an EPA Identification Number to the transporter.