West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Appendix 1

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
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