Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-35-2 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL2.1. 40 CFR Part 260. -- The provisions of 40 CFR part 260 are hereby adopted and incorporated by reference with the modifications, exceptions and additions set forth in this section. 2.1.a. The definitions of terms used in this rule shall have the meaning ascribed to them in 40 CFR parts 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.a.1. "Major facility" means a disposal or treatment facility which disposes or treats an amount of hazardous waste exceeding or equal to one thousand (1000) tons during a calendar year, and any storage facility having a storage capacity for one thousand (1000) tons of hazardous waste or more.2.1.a.2. "Full regulation" means those rules applicable to generators of greater than one thousand (1000) kilograms of non-acutely hazardous waste in a calendar month and/or who treat, store or dispose of hazardous waste at their facility.2.1.a.3. "Mercury containing lamp" means an electric lamp in which mercury is purposely introduced by the manufacturer for the operation of the lamp. Mercury containing lamps commonly include florescent lamps.2.1.a.4. "Universal Waste" means any of the following hazardous wastes that are managed under the universal waste requirements of 40 CFR part 273:(1) Batteries as described in 40 CFR § 273.2;(2) Pesticides as described in 40 CFR § 273.3; and(3) Thermostats and mercury containing lamps as described in 40 CFR § 273.4.2.2.40 CFR § 260.2. -- The provisions of 40 CFR § 260.2 are excepted from incorporation by reference. Availability of information provided under these rules is controlled by the provisions of W. Va. Code, § 22-18-12.2.3.40 CFR §§ 260.21 (d) and 260.23. -- The provisions of 40 CFR § 260.21 (d) and 40 CFR § 260.23 are excepted from incorporation by reference.2.4. Petitions for Waste Exclusions.2.4.a. Persons desiring to exclude a waste at a particular generating facility from the lists set forth in 40 CFR part 261 may petition the chief for such an exclusion after having received approval from the administrator of the environmental protection agency. The petition shall include:2.4.a.1. A copy of the petition submitted to the administrator of the environmental protection agency pursuant to 40 CFR § 260.22, including all demonstration information;2.4.a.2. A copy of the administrator's approval granting the exclusion pursuant to 40 CFR § 260.20 (d); and2.4.a.3. Any other additional information which may be required for "the chief to evaluate the petition.2.4.b. Within one hundred and twenty (120) days of the filing of the petition the chief shall decide whether to approve or to deny the petition and so advise the petitioner. Where a decision to deny a petition is made, the chief shall notify the petitioner of such action in writing, setting forth the reasons therefor.2.4.c. The chief shall not deny a petition to exclude a waste at a particular facility that has been approved by the administrator unless scientifically supportable reasons for such denial are advanced which had not been presented to the administrator.2.5. Petitions to amend the regulations to include additional wastes as universal wastes. 2.5.a. Persons desiring to include a waste as a universal waste may petition the chief for such an exclusion after having received approval from the administrator of the environmental protection agency. The petition shall include: 2.5.a.1. A copy of the petition submitted to the administrator of the environmental protection agency pursuant to 40 CFR § 260.23, including all demonstration information;2.5.a.2. A copy of the administrator's approval granting the exclusion pursuant to 40 CFR § 260.20 and 40 " CFR part 273; and2.5.a.3. Any other additional information which may be required for the chief to evaluate the petition.2.5.b. Within one hundred and twenty (120) days of the filing of the petition the chief shall decide whether to approve or to deny the petition and so advise the petitioner. Where a decision to deny a petition is made, the chief shall notify the petitioner of Such action in writing, setting forth the reasons therefor.2.5.c. The chief shall not deny a petition to include a waste as an universal waste that has "been approved by the administrator unless scientifically supportable reasons for such denial are advanced which had not been presented to the administrator.2.5.d. Any person may petition the Chief to include a waste as a universal waste as follows: 2.5.d.1. Submit a petition to the Chief demonstrating that the regulation under the universal waste regulations of 40 CFR part 273 is appropriate for the waste, or category of waste; will improve management practices for the waste or category of wasteland will improve implementation of the hazardous waste program. The petition should also include information required by 40 CFR § 250.20 (b), and include as many of the factors listed in 40 CFR § 273.81 as are appropriate for the waste or category of waste addressed in the petition.2.5.d.2. The Chief will grant or deny a petition using the factors listed in 40 CFR § 273.81. The decision will be based on the weight of evidence showing that regulation under 40 CFR 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.d.3. The decision of the Chief shall be in writing and state the reasons to either grant or deny the petition. Any petitioner aggrieved by the decision of the Chief may appeal the decision to the Environmental Quality Board in accordance with the provisions of W.Va. Code § 22-13-20.