West Virginia RCRA Authorization Records

WEST VIRGINIA AUTHORIZATION RECORDS
(SUMMARY OF KEY RULES INCLUDED IN PROGRAM REVISION APPLICATIONS)

The EPA RCRA State Authorization Website provides a detailed list of Authorization Activity for West Virginia (PDF) (21 pgs, 75k)

BASE PROGRAM

05/15/86 FR Notice
(51 FR 17739)
(PDF) (2 pgs, 659K)

The initial final authorization for West Virginia includes the State's authorization for the Federal program as of November 21, 1984 (i.e., including the final rules addressed by Revision Checklists 1-8 and 10). The West Virginia Base Program includes:
identification and listing, hazardous waste lists, characteristics of hazardous waste, generator requirements, transporter requirements, facility requirements, interim status requirements, permitting requirements, biennial report, national uniform manifest.

PROGRAM REVISION 1
(AI, BB, CP, SI, Revision Checklists 9, 11-14, 16, 17A, 17C-K, 17M-S, 18-43, 44D-G, 45-50, 52-90, 92, 94-100, 102-137, 138-159, 163, 167A-F, 168)

05/10/00 FR Notice
(65 FR 29973)
(PDF) (8 pgs, 145K)

The program revision includes the requirements addressing state availability of information (AI), exceptions to the burning and blending of hazardous waste (BB), hazardous and used oil criminal penalties (CP), sharing of information with ATSDR (SI), as well as most of the federal rules published from November 13, 1984 through June 19, 1998, including:
household waste, corrections to test methods manual, satellite accumulation, definition of solid waste, amendments to identification and listing, HSWA codification rule, small quantity generators, waste minimization, location standards, liquids in landfill, dust suppression, double liners, groundwater monitoring, cement kilns, fuel labeling, pre-construction ban, permit life, omnibus provision, amendments to interim status, research and development permits, hazardous waste exports, exposure information, closure/post-closure financial responsibility, liability coverage, hazardous waste storage and tank systems, biennial report corrections, land disposal restrictions (LDR), permit modifications, permit as a shield, permit conditions to protect human health and environment, post-closure permits, amendments to permit requirements, miscellaneous units, farmer exemptions, treatability studies sample exemption, amendment to the Bevill exclusion, mining waste exclusion, reportable quantities, toxicity characteristics (TC),organic air emission standards for process vents and equipment leaks, wood preserving listings, burning of hazardous waste in boilers and industrial furnaces (BIF), hazardous debris, recycled used oil management standards, recordkeeping instructions, financial assurance letter of credit, recyclable materials used in a manner constituting disposal, mixture and derived-from rule, corrective action management unit (CAMU), testing and monitoring, universal waste rule, removal of legally obsolete rules, RCRA expanded public participation, organic air emission standards for tanks, surface impoundments and containers, military munitions rule, hazardous waste combustors.

Note that the authorization Federal Register notice for this Program Revision also lists Revision Checklist 152 (Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision); however, import and export notification functions are not delegable to states.

PROGRAM REVISION 2
(MW, Revision Checklists 17B, 17L, 44A-C, 160, 161, 164-166, 169-180, 182, 184)

10/16/03 FR Notice
(68 FR 59542)
(PDF) (5 pgs, 57K)

The program revision includes the requirements addressing radioactive mixed wastes (MW), as well as selected federal rules published from 1985 through March 8, 2000, including:
delisting, corrective action, amendments to the land disposal restrictions, amendments to identification and listing, petroleum refining process wastes, amendments to recycled oil management standards, owners and operators of closed/closing facilities (post-closure rule), HWIR media rule, test procedures for analysis of oil and grease and non-polar material, NESHAPS, MACT rule, wastewater treatment sludges from metal finishing industry.

PROGRAM REVISION 3
(Revision Checklists 162, 181, 183, 185, 187-203, 205, 206, 208, 209, 211-218, 220-224)

This program revision includes various regulations that are equivalent to, and no less stringent than, revisions to the Federal hazardous waste program, as published in the Code of Federal Regulations as of June 16, 2010. Elements in this revision include those for which the State is already authorized (the base program and regulations addressed by program revisions through RCRA Cluster IX) and amendments through Revision Checklist 224 of RCRA Cluster XX, with the exception of Revision Checklists 204, 207, 201, and 219. This revision also includes authorization of the State's use of the cleanup standards in the Voluntary Remediation Program (VRP) at RCRA corrective action sites and certain State-initiated changes that are not directly related to any of the Revision Checklists. This revision does not include the requirements for existing and newly regulated surface impoundments provided in RCRA Section 3005(j)(2) & (6) and the variances from surface impoundment requirements provided in RCRA Section 3005(j)(2)-(9) and (13).