Governing Law and Regulations
Comparison: State vs. Federal
• Rules. West Virginia adopts the federal hazardous waste tank requirements, including the organic air emissions standards. The state also adopts by reference the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule, effective in West Virginia as of June 1, 2018, which includes standards for generators accumulating hazardous waste on-site in tanks.
Owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs) using hazardous waste tanks for treatment or storage must comply with the state-specific permit application and fee requirements that are in addition to the tank requirements specified in the federal rules. For more information regarding these state requirements, see the state section TSDF PERMITS.
• Administration and enforcement. The Division of Water and Waste Management of the West Virginia Department of Environmental Protection (DEP) administers and enforces the hazardous waste tank rules in West Virginia.
FACILITY PERMIT STANDARDS
Hazardous waste facility owners and operators in West Virginia are subject to several additional state permit conditions not included in the federal rules. The state has additional permit application requirements for TSDFs, ...