West Virginia Delisting Petitions: What you need to know

Governing Law and Regulations

Petitions for waste exclusion: West Virginia Regulations (WV Reg.) 33-20-2.4

Regulatory Agencies
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West Virginia Department of Environmental Protection (DEP) Division of Water and Waste Management

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. The U.S. Environmental Protection Agency (EPA) provides an exclusion (delisting) procedure, allowing persons to demonstrate that a listed waste from a particular generating facility should not be regulated as a hazardous waste. West Virginia has incorporated by reference the federal delisting rules, with additional fee requirements. For further information, see the national section DELISTING PETITIONS.

West Virginia has adopted by reference the federal lists of hazardous wastes. See the national section LISTED WASTES for more information.

If a waste cannot be identified in one of the federal hazardous waste lists, it still might be hazardous because it exhibits one or more characteristics of hazardous waste-ignitability, corrosivity, reactivity, or toxicity. See the national section CHARACTERISTIC WASTE for additional information.

West Virginia has adopted by reference the federal regulations for identifying and classifying hazardous waste, with additional requirements for the mixture rule exemption for wastewater. See the state section HAZWASTE DETERMINATION (CLASSIFICATION) for details.

Administration and enforcement. DEP's Division of Water and Waste Management and EPA Region 3 jointly administer and enforce the rules for delisting petitions in West Virginia, but EPA ...

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State Requirements

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West Virginia Delisting Petitions Resources

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