West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-11 - Rules And Regulations Governing The Transportation Hazardous Waste By Rail › Section 150-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules apply to all rail transporters who transport hazardous waste,
				universal waste, or used oil within or through the State of West
				Virginia.
1.2. Authority. -- W. Va.
				Code §
									22-18-7(b).
1.3. Filing date. -- October 23,
				2002.
1.4. Effective date --
				December 24, 2002.
1.5. The
				definition of terms used in these rules shall have the meaning ascribed to them
				in the rules of the Department of Environmental Protection's Division of Waste
				Management implementing the Hazardous Waste Management Act, 33 CSR
				20.
1.6. These rules do not apply
				to on-site movements of hazardous waste by generators or by owners and/or
				operations of authorized hazardous waste management facilities.
1.7. Transportation of hazardous waste
				shipments which originate, terminate or occur entirely within the State of West
				Virginia shall comply with all of these rules. Transportation of hazardous
				waste shipments originating and terminating outside of West Virginia shall
				comply with Sections 1.8., 1.10., 2., 3., 4. and 5. of these rules while in
				West Virginia.
1.8. A transporter
				of hazardous waste who transports hazardous waste into the United States from
				abroad or who mixes hazardous wastes of different DOT shipping descriptions by
				placing them into a single container must also comply with the standards
				applicable to generators of hazardous waste contained in Section 5 of the rules
				of the West Virginia Department of Environmental Protection (DEP) implementing
				the Hazardous Waste Management Act. Title 33 of the Legislative Rules, Division
				of Environmental Protection, Division of Waste Management, Series 20.
1.9. These rules are promulgated by the
				Public Service Commission of West Virginia and administered by the Railroad
				Safety Division of the Public Service Commission of West Virginia. Questions
				regarding these rules may be addressed to the Railroad Safety Division, Public
				Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812,
				Charleston, West Virginia 25323; Telephone: (304)340-0474.
1.10. All transporters in the State must
				contact the Department of Environmental Protection and obtain an EPA
				Identification Number from the State before they accept hazardous waste for
				transport.
1.11. A transporter who
				stores manifested shipments of hazardous waste in containers meeting the
				requirements of Section 5 of 33 CSR 20 at a transfer facility as defined in
				Section 2 of 33 CSR 20 for a period of ten days or less is not subject to
				regulation under Sections 7, 8, 10 and 11 of 33 CSR 20 with respect to storage
				of those wastes.
1.12.
				Transportation of universal waste shipments shall comply with Section 8 of
				these rules.
1.13. Transportation
				of used oil shall comply with Section 9 of these rules.
1.14.
1.14.a. These regulations do not apply to
				transportation during an explosives or munitions emergency response, conducted
				in accordance with
				40 CFR
				264.1(g)(8)(i)(D) or (iv),
				as incorporated by reference in Section 7, or
				40 CFR
				265.1(c)(11)(i)(D) or (iv),
				as incorporated by reference in Section 8, and
				40 CFR
				270.1(c)(3)(i)(D) or (iii),
				as incorporated by reference in Section 11 of 33 CSR 20.
1.14.b. Section 10 of these rules identifies
				how the requirements of Sections 1 through 7 of these rules apply to military
				munitions classified as solid waste under
				40 CFR
				266.202, as incorporated by reference in
				Section 9 of 33 CSR 20.