ECAR Fact Sheet for West Virginia
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

The West Virginia Department of Environmental Protection (DEP) is authorized to implement the federal hazardous waste regulations. In addition, West Virginia has added more requirements that make their hazardous waste regulations more stringent than federal requirements.

To comply with West Virginia’s hazardous waste requirements, you must follow the steps below:

1. Determine whether any hazardous waste is generated.
2. Determine your facility’s generator status.
3. Determine which regulations must be complied with depending upon your facility’s generator status, and comply with those requirements.

Regulations

Definition of Solid Waste. In order for a waste to be considered a hazardous waste, it must first meet the definition of solid waste. The term “solid waste” can be somewhat misleading. The word “solid” does not refer to the physical state of the waste. Solid waste can be a solid, liquid, or contained gas. Under the hazardous waste rules, a solid waste is any material that will no longer be used for its original intended purpose, or a material that must be reclaimed before reuse. You will need to look at each of the waste streams generated (e.g., antifreeze, used oil, solvents, etc.) and determine whether it is a solid waste. Note that not all solid wastes are considered hazardous wastes. Certain solid wastes, such as used oil destined for recycling, are excluded from the hazardous waste rules.

Hazardous Waste Determination.  It is the responsibility of all solid waste generators to determine whether their waste is hazardous. The procedure for this is called a “hazardous waste determination.”  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either “listed” or “characteristic”, or if they are a mixture of a listed hazardous waste and other wastes.

A. Listed wastes. Waste is considered hazardous if it is found on any one of four “lists”. These “lists” are called the “F”, “K”, “P” and “U” lists.

B. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are “characteristic” hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

• IGNITABLE - combustible under certain conditions
• CORROSIVE - highly acidic, basic and/or capable of corroding metal
• REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
• TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it’s more expensive to dispose of hazardous waste than it is solid waste).

D. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state’s universal waste requirements.

Generator Status.  If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of these three classifications.

• Small Quantity Generator (SQG). You are considered an SQG if you generate greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.

• Large Quantity Generator (LQG). You are considered an LQG if you generate 1,000 kilograms (2,200 pounds) or more of hazardous waste in a calendar month. You also are considered an LQG if you generate during a calendar month, or accumulate at any time, more than one kilogram of acutely hazardous waste, or more than a total of 100 kilograms (220 pounds) of any residue, contaminated soil, waste, or debris from cleaning up a spill of any acutely hazardous waste onto land or into water.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you.

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

West Virginia’s Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste

Contacts

1. For more information, contact the West Virginia Department of Environmental Protection (DEP), Division of Water and Waste Management, Office of Waste Management at 304-558-5929.
2. To report a spill or leak, call the emergency 24-hour, West Virginia Spill Release Hotline at 800-642-3074, or the National Response Center at 800-424-8802.
3. To report an environmental incident or complaint, contact the Office of Waste Management at 304-926-0465, by U.S. Mail, or by email at OWM Complaint.

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